Editing Taiwan Relations Act (section)

==Provisions==
===Definition of Taiwan===
The act does not recognize the terminology of "Republic of China" after 1 January 1979, but uses the terminology of "governing authorities on Taiwan". Geographically speaking and following the similar content in the earlier [[Sino-American Mutual Defense Treaty|defense treaty]] from 1955, it defines the term "Taiwan" to include, as the context may require, the [[island of Taiwan]] (the main Island) and the [[Pescadores]] (Penghu). Of [[List of islands of Taiwan|the other islands or archipelagos]] under the control of the Republic of China, [[Kinmen]], the [[Matsu Islands|Matsu]]s, etc., are left outside the definition of Taiwan.<ref>{{cite report | author = 陳鴻瑜 | title = 台灣法律地位之演變（1973-2005） | url = http://tkuir.lib.tku.edu.tw:8080/dspace/bitstream/987654321/7928/1/962414H032006.pdf | publisher = 淡江大學東南亞研究所 | location = [[臺北縣]] | date = July 20, 2008 | page = 9 | quote = 對於台灣的定義是規定在第十五條第二款：「台灣一詞：包括台灣島及澎湖群島，這些島上的居民，依據此等島所實施的法律而成立的公司或其他法人，以及1979年1月1日前美國所承認為中華民國的台灣統治當局與任何繼位統治當局（包括其政治與執政機構。）」從而可知，台灣關係法所規範的台灣只包括台灣和澎湖群島，並不包括金門、馬祖等外島。}}</ref><!-- {{citation needed span|Also any area claimed by the authorities, but not under their control, is without mention.|date=August 2019|reason=Citation of a legal analysis of the Taiwan Relations Act is needed to confirm these conclusions. For instance, what about Green Island, Taiwan and Orchid Island? They aren't part of the Pescadores. Some kind of citation is needed from legal experts.}}-->

===''De facto'' diplomatic relations===
The act authorizes ''[[de facto]]'' [[diplomatic relations]] with the governing authorities by giving special powers to the AIT to the level that it is the [[de facto embassy|''de facto'' embassy]], and states that any international agreements made between the ROC and U.S. before 1979 are still valid unless otherwise terminated. One agreement that was [[unilateral]]ly terminated by President [[Jimmy Carter]] upon the establishment of relations with the PRC was the [[Sino-American Mutual Defense Treaty]].

The TRA provides for Taiwan to be treated under U.S. laws the same as "foreign countries, nations, states, governments, or similar entities", thus treating Taiwan as a sub-sovereign foreign state equivalent. The act provides that for most practical purposes of the U.S. government, the absence of diplomatic relations and [[recognition (diplomacy)|recognition]] will have no effect.<ref>[http://usinfo.state.gov/eap/Archive_Index/Taiwan_Relations_Act.html Taiwan Relations Act: Public Law 96-8 96th Congress] {{Webarchive|url=https://web.archive.org/web/20080518032145/https://usinfo.state.gov/eap/Archive_Index/Taiwan_Relations_Act.html |date=2008-05-18 }} Sec. 4 under APPLICATION OF LAWS; INTERNATIONAL AGREEMENTS</ref>

===Military provisions===
{{See also|List of US arms sales to Taiwan}}
The TRA does not guarantee or relinquish the U.S. intervening militarily if the PRC attacks or invades Taiwan, as its primary purpose is to ensure that the Taiwan policy will not be changed unilaterally by the U.S. president and ensure any decision to defend Taiwan will be made with the consent of the Congress. The act states that "the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability" and "shall maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or social or economic system, of the people on Taiwan".<ref>{{Cite web |title=Public Law 96-8 |author=96th United States Congress |url=https://www.congress.gov/96/statute/STATUTE-93/STATUTE-93-Pg14.pdf  |publisher=United States Government Publishing Office |date=April 10, 1979 |access-date=October 15, 2024  |location=Washington, D C.}}</ref> However, the decision about the nature and quantity of defense services that America will provide to Taiwan is to be determined by the President and Congress. America's policy has been called "[[strategic ambiguity]]," and it is designed to dissuade Taiwan from a unilateral declaration of independence, and to dissuade the PRC from unilaterally unifying Taiwan with the PRC.{{citation needed|date=May 2021|reason=entire section is unsourced}}

The TRA further stipulates that the United States will "consider any effort to determine the future of Taiwan by other than peaceful means, including by [[boycotts]] or [[Economic sanctions|embargoes]], a threat to the [[peace]] and [[International security|security]] of the [[Western Pacific Ocean|Western Pacific]] area and of grave concern to the United States".

The TRA requires the United States to have a policy "to provide Taiwan with [[armaments|arms]] of a [[defense (military)|defensive]] character" and "to maintain the capacity of the United States to resist any resort to force or other forms of [[coercion]] that would jeopardize the security, or the social or economic system, of the people on Taiwan".

Successive U.S. administrations have sold arms to Taiwan despite demands from the PRC that the U.S. follow [[Three Communiqués|Three Joint Communiqués]] and the U.S. government's proclaimed [[One-China policy]].