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Cardozo Journal of Conflict Resolution

Abstract

This Note discusses the historical and legal contexts within which Taiwan is arguably its own state, and advances the notion that members of the international community must finally take a definitive stance as to whether Taiwan is its own sovereign state in order to resolve the "one China" dispute, rather than choosing to remain supposedly impartial. Section II of this Note provides an overview of Taiwan's path to statehood, democracy, and independence. Section III then examines the status of Taiwan in international settings and legal contexts, and highlights Taiwan's claims of independence, as well as China's claims for reunification. Lastly, Section IV proposes that the current status quo between Taiwan and China is only a temporary solution and advocates that alternative dispute resolution methods should be employed on both a local and international level to resolve the "one China" dispute.

Disciplines

Comparative and Foreign Law | Courts | Dispute Resolution and Arbitration | Law

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