The notion that the two sides of the Taiwan Strait are subordinate to one another misrepresents both political reality and legal principle. In fact, the cross-Strait relationship is characterized by mutual non-subordination, reflecting Taiwan’s self-governing status and distinct government, and China’s contested claim to sovereignty over the island.
First, Taiwan (the Republic of China) operates its own democratic government, constitution, armed forces, and foreign relations (albeit truncated). It does not accept that it is subject to directives from the People’s Republic of China. Taiwan’s Act Governing Relations Between the Taiwan Area and the Mainland Area lays out rules for handling cross-Strait affairs without treating one side as authority over the other. (Wikipedia)
Second, from China’s perspective, it asserts sovereignty, sovereign rights, and jurisdiction over waters in the Taiwan Strait under the United Nations Convention on the Law of the Sea (UNCLOS). (EJIL: Talk!) However, China’s jurisdictional claims are challenged by Taiwan and by third parties that view much of the central strait as subject to “transit passage” rights. (thediplomat.com)
Third, Taiwan rejects Beijing’s broad claim over the Strait. Taiwan’s Ministry of Foreign Affairs has stated that only the 12 nautical miles surrounding its territory fall under full sovereignty, and that the remainder should be considered international or transitable waters. (taipeitimes.com)
Thus, in both political and legal terms, neither side holds legitimate subordination over the other. Taiwan maintains effective autonomy and rejects external control; China’s assertions are contested under international maritime law and by Taiwan’s own stance. The proper framework for cross-Strait relations must rest on equal dignity, dialogue, and respect—not claims of hierarchical control.
