Exploring Atypical Citizenship Deprivation and Spillover Effects
between de facto and de jure recognition — supports its independent statehood.32
This author argues that this in-between status has shaped Taiwan’s identity as a
contested sovereign entity.
The statehood of Taiwan is contested externally and internally. Taiwan, having
established a democratic system and self-governance over the years, still grapples
with the legacy of being the seat of the former Chinese Government. This former
status is still echoed in its official name, ROC, and its constitution, 33 which
continues to claim sovereignty over all of China. The ROC’s transition to a
democratic system in the late 1980s led to the localisation or indigenisation of
politics, which in turn caused the Government to cease asserting sovereignty over
China’s territory in the 1990s. The democratisation of Taiwan changed the
landscape of the political regime, including its people’s concept of their nation —
which moved from being part of China to becoming an independent Taiwan.34
Meanwhile, the constitutional amendments during the 1990s shifted the nationality
of Taiwan’s people from ‘Chinese’ to ‘Taiwanese’, signifying a new citizenship.35
The constitution of the ROC preserved its main text, but amendments adapted it
to the reality of Taiwan, creating a practical — yet controversial — structure for
the continuation of the ROC legal regime. Although the content of Taiwanese
citizenship and citizenship practices themselves have evolved within Taiwan,
people attempting to travel on Taiwanese citizenship documents in international
settings can experience difficulties.
B
Sovereignty’s Influence on Citizenship
Taiwan’s ambiguous sovereignty has far-reaching implications for Taiwanese
citizenship. After WWII, Taiwan’s sovereignty entered a legal limbo. The ROC
assumed governance while simultaneously asserting sovereignty over all of China.
Over decades of de facto rule in Taiwan, the island’s sovereignty and the ROC’s
authority have become inextricably linked. The connection between the ROC’s
governance and Taiwan’s sovereignty has created a close association between the
two in the eyes of other nations. This link often leads other states to view Taiwan’s
international status through the lens of the ROC’s past, even though circumstances
have greatly changed in the modern day. The ROC’s historical pursuit of
sovereignty over all China, and the modern fact of its governance over Taiwan,
have contributed to this association, leaving Taiwan’s legal status situational and
open to interpretation. The ambiguity surrounding Taiwan’s sovereignty directly
affects Taiwanese citizens, rendering their citizenship status precarious in
international contexts.
The Taiwanese Citizenship report of the Global Citizenship Observatory, an
online academic database of citizenship law and policies as well as analysis of
citizenship worldwide, points out that Taiwanese citizenship has continued to
evolve during the democratisation of Taiwan, and currently exists as a functional
32
33
34
35
Roth (n 27).
Constitution of the Republic of China (Taiwan) 1947 (Taiwan).
For changes in the population identifying as Taiwanese rather than Chinese, see Election
Study Centre, ‘Taiwanese / Chinese Identity’ (n 15)
Jiunn-rong Yeh, The Constitution of Taiwan: A Contextual Analysis (Hart Publishing 2016)
36.
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