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Assessing The Legal Framework For Potential U.S. Conflict With China Over Taiwan, Shawn W. Brennan
Assessing The Legal Framework For Potential U.S. Conflict With China Over Taiwan, Shawn W. Brennan
International Law Studies
The People’s Republic of China has clearly stated the importance of resolving the Taiwan question and realizing China’s complete “reunification” to end their century of humiliation. As China grows as the most significant strategic competitor to the United States and develops the military capability to force the issue, understanding what legal authorities the President may exercise in ordering a response is increasingly urgent. This article reviews the legal authorities for the use of force by the United States and examines the contours of the President’s authorities and where they intersect with Congress’s authorities. Through various hypothetical scenarios involving attempts by …