This issue came up a few times before in discussion on Hacker News. A little known fact is that "facts on the ground," even entries in reference books or labeling on maps, can be taken in international law to indicate acquiescence to territorial claims by other countries (or to indicate assertion of hostile claims by the country in which the reference books or maps are published). This is why some countries with extensive programs of censorship censor maps, dictionaries, encyclopedias, websites, and whatever else is in reach of the government censorship program to make sure that private publications fall in line with the government's official position on territorial claims. (I have in my home office English-language and Chinese-language reference books published in Taiwan during the period of the military dictatorship there, which censor references to the existence of the independent country of Mongolia and assert province names for the mainland region of China that have been obsolete since 1949. Taiwan has since considerably loosened up on this kind of censorship after democratizing, but territorial claims vis a vis China are still a very sensitive issue.)
In countries without official programs of widespread censorship, government-published maps of other countries will still say things like "Boundary representations are not authoritative" and private publishers of maps in free countries will have notes near disputed boundary lines like "actual line of control; boundary in dispute" and so on. This is a pretty big deal in international law, so it is a somewhat big deal that Google, a business corporation organized under United States law, has changed its indication of the status of Palestine, even if only for the Google domain registered for the .ps top-level domain. The United States government may feel the need to make a formal statement to the effect that this action is the action of a private business corporation and does not represent an official view of the United States government.
Here's something few people seem to be aware of - Taiwan agrees it is part of China (aka 'One China' [1]).
While we often hear about the government in Beijing claiming the island as the sovereign territory of the Peoples Republic of China (PRC), we don't hear much about the claims made by the government in Taipei that the mainland is the sovereign territory of the Republic of China (ROC).
Although both sides dispute who is the sole legitimate government of a single China, they both agree that territorially it includes the island of Taiwan. Meanwhile, a recent poll suggests that for people on the ground, opinion is divided.[2]
>Taiwan agrees it is part of China (aka 'One China' [1]).
That is laughably wrong. I say that as someone who's spent half his adult life in Taiwan. Only a very, very slim minority of Taiwanese feel that Taiwan is "part of China". Even the KMT (國民黨）has long given up that stance.
The tension is between those who want to officially (i.e. UN) recognized independence and those accept the status quo of de facto independence in the interests of avoiding a hopeless war with China. Taiwan has never been part of the the PRC. While a significant minority of Taiwanese people hope for a future democratic China, those in favor of unifying with the PRC measure at under 5%.
Yes, I am sure. Taiwan was my home for many years, most of my best friends live there and I still follow the local media in the local language and watched election campaign speeches for multiple candidates in each of the last two elections in person. What about you?
KMT leaders prior to Ma pushed for unification. During Ma's campaign in 2008, he repeatedly emphasized that he would not support any sort or unification or annexation. This created a rift between him, Lian Zhan and the rest of the old guard, but without that assurance he couldn't have won.
"The one China policy" has a specific political meaning -- it's intentionally ambiguous as to what "China" is (a country or a civilization). While the policy isn't exactly loved by most in Taiwan, it allows the peaceful continuance of Taiwan's de facto independence. Any formal break from the policy to formalize this independence is extremely dangerous as the article you linked to points out:
"Beijing has threatened to invade in response to any such declaration."
Also, it's important to point out the role of the US. The US has pledged to treat Taiwan as a country in the Taiwan Relations Act of 1979, but has stated that any support or defense of Taiwan could end in the case of a formal declaration of independence.
Under International Law it is the Montevideo Convention, under which the four criteria for statehood are defined:
The state as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states. (See http://en.wikipedia.org/wiki/Montevideo_Convention)
However, I like your phrase "facts on the ground" and think that is more on the practical side of what I might label "standing in the International Community" which is the most realistic aspect of designation of statehood.
Reality is not as straightforward as the Convention, which is pretty loose anyway (who defines that territory, government and capacity?). There are in fact two very different schools of thought on what creates statehood:
Grant argues that current projects for the elaboration of >"Montevideo Plus" criteria for statehood are -- while legitimately attempting to infuse statehood with considerations that better reflect changing normative standards
Basically it is the convention plus the state be democratic - but this has already proven to be a failure in international law as a result of Afganistan democratically electing the Taliban and Palestine electing Hamas. So to my original reply I stand firm that the convention applies but more practically it is "standing in the international community" that is the norm of current international law (as of yet to be codified) and you can be sure it is not democracy as your referenced article suggests.
> proven to be a failure in international law as a result of Afganistan democratically electing the Taliban and Palestine electing Hamas
I'm not trying to condone either government, but why is this a failure? If (I'm assuming this for the argument's sake) they were really elected democratically who are we in other countries to say that's wrong?
Wouldn't that be the same as giving merit to a (hypothetical) North Korea declarations that the US has no legitimate statehood for whatever reason?
Why we value democracy? What is it in this process that we think it is good when it's there and is bas when it isn't? Why we think democracy is better than monarchy, for example?
If you think about it, one answer could be - because democracy tends to possess some features we find valuable and necessary, such as respect for the rights and freedoms of people that we consider basic and unalienable, personal security from arbitrary prosecution by the government, orderly transition of power, general participation of the population in the political process, not inhibited by government restrictions, etc.
Now if you look at what happens in Gaza with Hamas, you will find very little of that. Personal rights are not respected, government is a bunch of armed thugs ruling with iron fist and violently suppressing any dissent and any competing movement (it helps little that those are another bunch of armed thugs), and in general almost no benefit of democracy except the ability to vote for whoever is already in power is available to the citizens. If this is not a failure, what is?
However, if we look into the matter even more, I'm not sure there was democratic election involved at the first place. Political fate of Gaza was decided in 2007 in violent clashes between Fatah and Hamas, and Fatah lost. It would probably have lost also if the elections were fully democratic, but what actually happened and the process that led Hamas to assume power in Gaza had almost nothing to do with democracy.
I'm not really interested in those two specific examples used by the OP. My question was more along the lines of the beginning of your reply.
The association of the features you mention with 'our' view of democracy is part of why I personally associate "democracy" and "good".
But, for example, why is it "bad" if people democratically choose a government with values different from ours? Shouldn't the 'voice of the people' be of enough value?
It's not "bad" per se, but the history teaches us that governments that do not share the values of personal rights and freedoms very soon devolve into the governments that are treating their citizens very badly and the citizens themselves are living very poorly. It also happens very frequently that while initial consent may be given by democratic means, very soon such consent is not required anymore by the government and it usurps the power completely and does not let the citizens to dissent and choose better government anymore, instead forcing the citizens to accept the fruits of their poor choice in the past forever, or at least until they can overthrow such government by violent means.
>>> Shouldn't the 'voice of the people' be of enough value?
Not every "voice of the people" has equal value. For example, if 100 years ago in the US white majority would vote to keep black people in slavery, would we now recognize this decision as good and legitimate? What if there were a country somewhere else right now that has majority oppressing the minority and denying them their rights and freedoms? I think we would consider it "bad", despite formal requirement of "voice of the people" being satisfied. That's why, I think, USA is a republic, and while Americans elect their leaders democratically, there are limits to what "voice of the people" could do, at least until current system of government persists.
I am offering a objective standard based on the international community where UN authorized the use of force in one example (which i believe violates the UN charter)and where the other is not a member state. Compare that with a post WW2 era where former colonies throughout the world became independent states simply through "self determination" and democratic elections. The double standard is again attributable to change in international norms, again this creates a problem because the international community does not want to codify their own position that they are unwilling to recognize a democratically elected government.
>Who are we in other courtries to say what's wrong?
"We" should not be referring to individuals with opinions but the international community and I think most would argue the international community has a duty to create international law, norms and customs or in your words say what is wrong behavior.
In countries without official programs of widespread censorship, government-published maps of other countries will still say things like "Boundary representations are not authoritative" and private publishers of maps in free countries will have notes near disputed boundary lines like "actual line of control; boundary in dispute" and so on. This is a pretty big deal in international law, so it is a somewhat big deal that Google, a business corporation organized under United States law, has changed its indication of the status of Palestine, even if only for the Google domain registered for the .ps top-level domain. The United States government may feel the need to make a formal statement to the effect that this action is the action of a private business corporation and does not represent an official view of the United States government.