UN General Assembly resolution 2758
The United Nations General Assembly Resolution 2758 concerned the restoration of the rights of the People's Republic of China in the United Nations in 1976. session of the General Assembly of the United Nations from 25. October 1971 .
The General Assembly decided to recognize the People's Republic of China as the only legitimate representative of the Chinese people and to exchange its representatives in the UN organs for those of the "national Chinese". In terms of arguments, this was not a matter of the statutory exclusion of Taiwan ( Republic of China ), which is only provided for in the event of a “persistent violation of the principles of the UN Charter”, but only an exchange of representatives of the people. However, Taiwan has not been represented in the UN since then. A renewed membership is given little chance due to the expected veto of the People's Republic.
text
The decisive text passage reads:
" The General Assembly of the United Nations [...] resolves to restore all the rights of the People's Republic of China and to recognize the representatives of its government as the only legitimate representatives of China in the United Nations and from now on to remove the representatives of Chiang Kai-shek from the square, which they wrongly take in the United Nations and all its organizations. "
The resolution was adopted with 76 votes in favor, 35 against and 17 abstentions, although the charter itself only provides for the exclusion of a member if he has grossly violated the charter.
See also sub-article of Taiwan Conflict : In the 1970s
Voting behavior
The voting behavior was as follows:
consequence
The effects of resolution 2758 are that a re-admission of Taiwan into the UN is blocked by the one-China policy , although the Republic of China no longer claims sole representation, and that no precise territorial delimitation of the term "People's Republic of China" has been made. In 1971 it was assumed that today's mainland China including the island of Taiwan was adequately designated with it. For example, it is partially accepted and denied or rejected that the voting members of the UN General Assembly provided for a regulation for the entire Chinese territory including Taiwan and the Pescadoren Islands when it was passed. The UN General Assembly granted the People's Republic of China sole power of representation for China, as well as the Republic of China. According to some opinions, it was not expressly clarified who represents Taiwan and the Pescadoren Islands.
The Republic of China has had direct powers since 1945; and since 1949, when the Kuomintang fled to Taiwan, it is now the only sovereign territory of the republic with the Pescadoren Islands in the South China Sea, with small parts of the Fujian Province , which includes some island groups off the mainland ( Kinmen and Matsu ). The People's Republic of China has not had any control over these areas since it was founded. (See History of Taiwan ) This is also reflected in the China-Taiwan conflict . The later government of the republic under the pan-green ex-president Chen Shui-bian declared the situation suggested in the resolution that Taiwan was part of the People's Republic of China to be wrong, since Taiwan was never under the control of the People's Republic of China and thus not by the resolution is captured. A declaration of independence by Taiwan (from the Republic of China) would not be a violation of the resolution , according to Chen Shui-bian.
One China question
Another point of discussion of the one-China question about the term "China" itself is that Taiwan officially Republic of China calls and thus there is an ambivalence with the People's Republic of China, which the part only [r] legitimized [r] Chinese officials concerned . The state name also differ in Chinese only to the word nation and the notation for the Republic (Republic of China: Chinese 中華民國 / 中华民国 , Pinyin Zhōnghuá Mínguó , China: Chinese 中華人民共和國 / 中华人民共和国 , Pinyin Zhōnghuá Rén mín Gònghé guó ). Until 1992, both states had ambitions to represent all of China, which the Republic of China currently no longer has.
Taiwan's recovery attempts
Since 2007, Taiwan's then President Chen Shui-bian has been actively striving for formal independence and campaigning for a referendum, according to which Taiwan should not apply to the UN as the "Republic of China" as in the 14 years before, but as "Taiwan" . For this he was heavily criticized by the USA and the EU , especially Germany and France, as they see this step as a provocation against the People's Republic of China. The name change and a formal declaration of independence were intended to improve the chances of acceptance after a formal application letter from President Chen was returned unopened by UN Secretary-General Ban Ki-moon with reference to Resolution 2758 and further diplomatic efforts on the part of Taiwan were unsuccessful.
Contrary to usual practice, the Taiwanese application was not forwarded to the Security Council , but dealt with by the General Secretariat . Taiwan's application for UN membership should have been forwarded to the Security Council under "Rule 59 of the Rules of Procedure". Thereupon the Secretary General was heavily criticized by several international lawyers and by the USA; above all, his competence was called into question. Despite the strict rejection of the application by the Republic of China for admission, this application will still be dealt with internally, even if it is not included in the agendas of the General Assemblies.
Web links
Individual evidence
- ↑ United Nations General Assembly Resolution 2758. (pdf) USC US-China Institute, accessed June 10, 2018 .
- ^ Federal Agency for Political Education from Xuewu Gu, Das multiple China! PR China, Taiwan and Hong Kong , in: Wichard Woyke (ed.), China - a world power on the move ?, Schwalbach / Ts. 2005, p. 65ff. PRC foreign policy
- ↑ UN Legal Office in the Wrong - Article by Die Presse of October 2, 2007 (Author: Univ.-Prof. For International Law at the University of Vienna Prof. Peter Fischer)
- ^ Affront against Taiwan - Report from OpenPR.de from October 11, 2007
- ↑ CIA World Factobook: Taiwan (English)
- ^ Taiwan White Paper , paragraph 3
- ↑ Interview of the President of the Republic of China, Lee Teng-hui, with Deutsche Welle on July 9, 1999 , Deutsche Welle , July 9, 1999
- ↑ Taiwan defends itself against Chinese claims (2nd part) ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Correction No. 6, Taiwan News , Sep. 30, 2003
- ↑ Taiwan's UN application no provocation against China ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. - Report by Taiwanese radio station Radio Taiwan International dated July 30, 2007
- ↑ a b Taiwan's UN proposal again not included in the agenda of the UN General Assembly ( Memento of the original from December 28, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Radio Taiwan International , September 20, 2007
- ↑ UN sends back letter from President Chen ( Memento of the original from December 28, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Radio Taiwan International , September 11, 2007
- ↑ Serious errors in the procedure
- ↑ Need to review General Assembly resolution 2758 , Wikisource, July 8, 1998 (English)
