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Annual Survey of International & Comparative Law

Abstract

This paper starts with an overview of basic conceptual issues about the UN and its modem function. The focus on this part will be the concepts of representation and universality membership. Once we have properly identified and understood these concepts, some discussion will follow, deal mainly with such issues as; the ROC's exclusion from the UN as inconsistent with the universal principle of representation, Taiwan's efforts to join the UN, the increasing importance to improve Taiwan's status in the UN, and, the UN's considerable benefits to access Taiwan's UN entry bid. In addition to the issue of reexamining the significant UN Resolution 2758, the most complicated part of this chapter is that Taiwan's position in the UN is obviously influenced by Taiwan's relations with China. However, in spite of the obstacles and limitations from the PRC, there is substantial room for improvement with regard to the membership issue. In a spirit of compromise, it is from the viewpoint of the whole world's best interest to see Taiwan breaking out from the current international isolation and playing a valuable role in the United Nations. Such a situation will be highly meaningful in the enhancement of the legal status of Taiwan and regional security. Accordingly, this paper is organized into seven parts, which are: part one - introduction; part two - role of the United Nations in a changing world; part three - the membership issue in the United Nations; part four - the United Nations Resolution 2758 and the question of representation; part five--commentary on the United Nations Resolution 2758; part six - Taiwan's case for the United Nations membership; and part seven - conclusion.

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