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The Taiwan Relations Act, 30 Years On ― Encounters and Successes in the U.S. Courts

The Taiwan Relations Act, 30 Years On ―... & Richard Nixon's trip to Communist China in mid-1972 is a landmark moment in diplomatic history. But, from a legal perspective, it was not until the Carter Administration that the U.S. actually recognized the Peoples' Republic of China ("PRC") as the legitimate government of mainland China, and withdrew recognition of the "Republic of China" ("RoC") - as the government on Taiwan still calls itself. When this occurred, on January 1, 1979, the United States was faced with an important legal question, namely, the status of the people of Taiwan, with whom the United States had long enjoyed, and would continue to enjoy, friendly relations, as well as significant trading ties. The legislative solution - the Taiwan Relations Act of 1979 - has largely succeeded in ensuring that Taiwanese parties are given the same level of protection and respect in the U.S. courts as they received before their government, the "Roc," was derecognized. Nevertheless, as discussed below, the unique status of Taiwan still creates occasional complications in private law disputes. 1. RECOGNITION, THEN DEPECOGNITION, OF THE "REPUBLIC OF CHINA" (A) THE PERIOD OF RECOGNITION OF THE Roc Taiwan, formerly known as Formosa, is a large and populous island off http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

The Taiwan Relations Act, 30 Years On ― Encounters and Successes in the U.S. Courts

Journal of World Investment and Trade , Volume 9 (5): 364 – Jan 1, 2008

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190008X00179
Publisher site
See Article on Publisher Site

Abstract

& Richard Nixon's trip to Communist China in mid-1972 is a landmark moment in diplomatic history. But, from a legal perspective, it was not until the Carter Administration that the U.S. actually recognized the Peoples' Republic of China ("PRC") as the legitimate government of mainland China, and withdrew recognition of the "Republic of China" ("RoC") - as the government on Taiwan still calls itself. When this occurred, on January 1, 1979, the United States was faced with an important legal question, namely, the status of the people of Taiwan, with whom the United States had long enjoyed, and would continue to enjoy, friendly relations, as well as significant trading ties. The legislative solution - the Taiwan Relations Act of 1979 - has largely succeeded in ensuring that Taiwanese parties are given the same level of protection and respect in the U.S. courts as they received before their government, the "Roc," was derecognized. Nevertheless, as discussed below, the unique status of Taiwan still creates occasional complications in private law disputes. 1. RECOGNITION, THEN DEPECOGNITION, OF THE "REPUBLIC OF CHINA" (A) THE PERIOD OF RECOGNITION OF THE Roc Taiwan, formerly known as Formosa, is a large and populous island off

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2008

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