From 1997 to 2007, in order to fight for its so-called “international room,”Taiwan continuously endeavored to try and squeeze into the Word Health Organization (Hereinafter referred to as the “WHO”). However, the outcome has always been disappointing for Taiwan due to the diplomatic endeavor of the People’s Republic of China. In 2007, the fight especially attracted the world’s attention because Taiwan bid for membership to the WHO instead of observer status for which it had previously been bidding. In fact, Taiwan’s request for WHO membership had a big impression on the world and the reason why Taiwan has had a great interest in the WHO is not to engage in meaningful participation within the WHO, as propagandized by Taiwanese authorities, but to eventually acquire recognition as an independent state.1 Although Taiwan has failed to achieve its goals for 11 years, accession to membership of the WHO has been, and still will be, a political goal pursued by Taiwanese authorities. The question is whether this goal can be backed from a legal perspective. It is submitted that the answer is“ No.”

Legal Status of Taiwan in the World Health Organization
  1. Taiwan is not entitled to accede to the WHO
  2. IHR and the COP of FCTC cannot be used as tools for Taiwan to pursue its statehood
  3. The key issue is not whether Taiwan shall be a member or an observer of the WHO, but how to promote the health situation of people in Taiwan

• Bin Li(Lecturer of international law at Beihang University School of Law in Beijing. LL.B. (Ocean Univ. of China), LL.M. and Ph.D. (Renmin Univ.))