China’s missile tests in the Taiwan Strait: Relevant international law questions

In March 1996, China fired missiles near Taiwan’s two largest ports, namely, Keelung in the north and Kaohsiung in the south. The event disrupted sea and air transport in the area and was considered as a ‘partial blockade’ of Taiwan. China’s missile tests conducted in the waters of the Taiwan Strait give rise to several international law questions, such as: did China’s missile tests amount to a blockade of Taiwan and accordingly are subject to the international law of blockade: and does China, as a member of the United Nations, have the right, under international law, to fire missiles across the Taiwan Strait to intimidate Taiwan. This paper addresses these legal issues. This paper concludes by suggesting that China’s missile tests, in legal terms, did not amount to a blockade, but a military operation at sea, and that China failed to pass the reasonableness test for justifying its missile tests on the high seas and, thus, could be seen as in violation of international law. However, a caveat is given in the conclusion, that is, the legality of China’s missile tests in the waters so close to Taiwan’s coasts cannot but be appraised in the context of how other members of the international community view Taiwan’s legal status and the position they take regarding whether the Taiwan question is indeed entirely an internal matter of China.