Exploring Atypical Citizenship Deprivation and Spillover Effects
shows how the Norwegian Government should have applied the genuine link to
determine the citizenship of Taiwanese people to avoid arbitrary decisions
regarding the recognition of citizenship. Turning to the Liu v Poland case, the
applicant, who was involved in an international telecommunications fraud
syndicate, faced extradition to China. Despite the domestic court ruling in favour
of extradition, the ECtHR expressed concerns about the human rights violations
concerning torture and right to a fair trial. The case also touches upon consular
rights and the challenges faced by Taiwan, which is not a party to the Vienna
Convention due to its contested statehood; the denial of consular rights and
recognition of Taiwanese citizenship on the international stage may subsequently
result in mistreatment of Taiwanese people. Ultimately, the legal discourse of Liu
v Poland may not address Taiwanese sovereignty, but the outcomes significantly
impact Taiwanese sovereignty and citizenship, showcasing the intricate interplay
of legal disputes, human rights and geopolitical considerations, as well as the
spillover effects of the contested citizenship.
The cases of Liu v Poland and Liu and Others v Norway shed light on the
complex and unresolved issue of Taiwanese citizenship in the international arena.
The ambiguous nature of Taiwanese sovereignty directly impacts the recognition
of Taiwanese citizenship. When foreign governments such as Norway categorise
Taiwanese individuals as Chinese, it not only challenges the legitimacy of
Taiwanese citizenship but also sets a troubling international precedent. This
practice aligns with Chinese authorities’ attempts to naturalise Taiwanese people
as Chinese without their consent, eroding the distinctiveness of Taiwanese
citizenship and classifying them incorrectly within foreign legal systems. This
mis-recognition of citizenship carries serious consequences. Forced deportations
and extraditions of Taiwanese individuals to China not only violate human rights
but also undermine the sovereignty of Taiwan and the practice of Taiwanese
citizenship. It replaces Taiwanese citizenship with Chinese citizenship within
foreign legal frameworks, exposing Taiwanese people to new risks associated with
Chinese citizenship. While the denial of Taiwanese citizenship on the international
stage may not always render it ineffective in most cases, it has the potential to lead
to severe human rights violations due to the misclassification of Taiwanese
citizenship. The mis-recognition ignores the examination of genuine links between
states and citizens, becoming an atypical deprivation of one’s original citizenship
by replacing it with a forced citizenship which is attributed to the political needs
and ignorance of the foreign authorities. Liu v Poland also points out that even
though the primary legal arguments in these cases revolve around human rights
abuses and extradition, the status of Taiwanese citizenship plays a crucial role in
the broader context and brings in spillover effects to the case. These cases
highlight the need for international recognition of the unique status of Taiwanese
citizenship and the importance of protecting the rights and identity of Taiwanese
individuals in the face of diplomatic challenges. In summary, the cases of Liu v
Poland and Liu and Others v Norway underscore the intertwined nature of
contested citizenship and human rights concerns, highlighting that the recognition
of citizenship is not just a nominal concept but also a gateway to other fundamental
rights, while the mis-recognition of citizenship may result in scenarios similar to
a faulty atypical citizenship deprivation.
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