Exploring Atypical Citizenship Deprivation and Spillover Effects
Cases involving Taiwanese individuals, whether natural or legal persons,
become intertwined with the contestation of statehood and citizenship. Liu v
Poland gives another example of the hidden citizenship argument behind the
prima facie legal issues. The case stresses that recognition of nationality does not
only have a nominal meaning in these cases; it can also serve as a bridge towards
the violation of other human rights. Citizenship is considered a gateway to other
rights. Problems with citizenship can also lead to the breach of other rights. The
ECtHR may unintentionally break this cycle in the case of Liu v Poland, although
the core issue of recognising Taiwanese citizenship remains unaddressed.
C
Evaluating ECtHR decisions in Liu and Others v Norway and Liu v Poland
The ECtHR’s decisions in these cases carry substantial implications for citizenship,
even if the primary arguments do not surround it. The ECtHR may not want to
address Taiwanese citizenship recognition, but it is challenging for the Court to
avoid the contestation of Taiwanese citizenship. While Liu v Poland suggests that
the Court may intervene when human rights concerns reach a threshold of torture
or jeopardising a fair trial, or when they involve jus cogens norms in international
law and fundamental principles of a legal system and severe human rights
violations, 125 Liu and Others v Norway, a case focused on national identity
recognition, was not even considered under the ECtHR.126
The two ECtHR cases have drawn attention to the dispute over Taiwanese
citizenship on the international stage. The unresolved nature of Taiwanese
sovereignty directly impacts the practice of citizenship recognition. However, the
dispute takes on a new dimension when foreign governments, like Norway, align
with Chinese authorities and categorise Taiwanese individuals as Chinese. This
kind of action forces the nominal claim of the Chinese Government by naturalising
Taiwanese people en masse without their consent, consequently turning it into an
international practice to categorise them as Chinese. In other words, while
Taiwanese citizenship may have a contested nature, it remains unsettled due to the
sovereignty of Taiwan but should not be casually regarded as another form of
citizenship or another state’s citizenship. This indefinite characterisation of
contested citizenship (Taiwanese citizenship) runs counter to some international
practices that conveniently classify Taiwanese people as Chinese.
The issue of Taiwanese citizenship at the international level might be seen as
an extended form of citizenship deprivation. By consistently denying Taiwanese
citizenship within the international community and ignoring Taiwanese people’s
claims in courts and on official platforms, these acts may be viewed as a unique
form of citizenship deprivation. It is atypical because it is practiced by foreign
authorities to undermine the citizenship of Taiwanese individuals. This does not
necessarily result in passport revocation or denial of re-entry to Taiwan, but cases
like Liu v Poland and other instances of forced deportation and extradition
demonstrate that by deporting or extraditing Taiwanese individuals to China,
Taiwanese sovereignty and the practice of Taiwanese citizenship are eroded. Such
a deliberate misinterpretation of citizenship not only perpetuates a false
understanding of one’s legal identity and status, but also replaces Taiwanese
citizenship with Chinese citizenship within foreign legal systems. In essence, it
125 ibid [98]–[104].
126 Liu and Others v Norway (n 8).
123