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In every historical case since the establishment of the UN, when warships freely sail within the territorial waters of a country without prior approval, it was seen as a challenge to the authority and credibility of the receiving country to defend their territory. i.e. to defend their monopoly on violence which is the basis for every country.

With territorial waters being commonly recognized as the littoral areas within 12 nautical miles of the shoreline.

In the special case of civil wars, the effect is magnified because of the uncertain claims to legitimacy of any of the claimants.

Does the government of the receiving country of unauthorized intrusions lose credibility if they let the intrusion go unchallenged?

In other words, lose some of the strength of their claim to the monopoly of violence.

For example, recent events indicate that warships of the People's Liberation Army Navy (PLAN) of the People's Republic of China (PRC) have likely entered the territorial waters of the Republic of China (ROC), commonly known as Taiwan, unimpeded. (Or at least there are no reports indicating any attempts at preventing their entry)

Since presumably there was no invitation from Taipei, this suggests the PRC can freely send PLAN warships and have them navigate around without regard to the claims of Taiwan. Both sides are also, technically, still involved in an unsettled civil war.

This then suggests the authorities in Taipei are unable, or unwilling, to control their territorial waters. (Though they appear to have never claimed de jure independence, or even de facto independence directly, only indirectly.)

For an island country there's the extra factor that there are no other clear-cut internationally recognized boundaries after the territorial waters are violated. (With airspace being much more difficult to police and observe.)

Even landing troops on actual land would be a more ambiguous situation, due to the existence of marshes, wetlands, beaches, high tide/low tide, temporary islets, sandbars, etc..., which may be exploited to place troops in a more ambiguous situation that may have some leeway.

The combination of the above factors seem to indicate island countries of disputed sovereignty are especially sensitive to such losses of credibility.

(There may also be several intermediate scenarios that Taiwan could transition to, such as suzerainty, vassalage, tributary, etc...)

For an even clearer example, though without any claimed civil war, see Gibraltar (raised by Fizz in the comments below) for a comparable situation where unimpeded intrusions into unambiguous territorial waters by the Spanish Navy have already effectively challenged otherwise strong claims. Although the exact degree of loss of credibility is ambiguous.

Warships going back and forth means that Spain effectively exercises controls over water and airspace access, in addition to land access they already control.

The repeated shows of force by the Spanish Navy clearly implies that the ‘independence’ of Gibraltar exists at their pleasure.

(This is much more straightforward as there is clearly no way Gibraltar alone can be a viable polity if totally blockaded, whereas Taiwan island has the possibility of indefinitely sustaining a modest population.)

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    Did Ukraine abandon its sovereignty because the port was locked down by Russian warships? This question is highly speculative, I vote to close it.
    – r13
    Commented Aug 7, 2022 at 16:26
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    "warships freely sail within the territorial waters of any country without prior approval" There is a middle ground. Taiwan could be able to shoot at these Chinese ships but decided to tolerate them for now. Doesn't mean they will do so forever or are not independent of China. Commented Aug 7, 2022 at 17:38
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    @r13 I'm fairly sure the government of Ukraine has announced they are fighting an invasion. Clearly during an invasion de facto sovereignty of any specific piece of land or water would depend on who exercises control, while de jure the sovereignty of all lands and waters remain unchanged. At least until one side or another wins or fighting stops.
    – M. Y. Zuo
    Commented Aug 7, 2022 at 18:36
  • @M.Y.Zuo Isn't that exactly the same situation in China-Taiwan matters? How do you know Taiwan will not choose to fight? Taiwan has long given up the dream to reclaim China but has yet to give up its right to make decisions for the islands, and the people live on the islands who reject communist idealogy and rule.
    – r13
    Commented Aug 7, 2022 at 19:40
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    @M.Y.Zuo Let me paraphrase your question then: "There's a little boy who gets bullied at school by a big bully. He doesn't even fight back. So why does he still get to go to school, if he doesn't stand up for himself?". That's not substantially different from the structure of your question, IMHO and your phrasing, and speculation about the the nature of sovereignty, is probably why you are getting DVs. For now Taiwan pretty much controls its territory where it matters - limited incursions / have likely entered - so this question's premise seems largely off base. Commented Aug 8, 2022 at 23:32

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Answer before the question was edited:

Of course it can. A nation under attack does not cease to be sovereign, at the very least while there is still some unoccupied territory left. The status of a government-in-exile would get into murky precedents.

The status of Taiwan, however, is a bad case to generalize. Both ROC and PRC consider themselves to be successors of factions of the Chinese civil war, which has been frozen for almost a century. The PRC is not prepared to admit that there are two distinct, sovereign Chinas, and the ROC is extremely careful about how they put their official position even while they maintain a de facto sovereignty.

Follow-up after the answer was edited:

You are still assuming that might makes right and a lack of might causes rights to lapse. No. It just makes the other party the aggressor.

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  • Clearly both sides claim to possess, and do possess, de facto and de jure sovereignty to some extent. But it seems like a claim to sovereignty, whether de facto or de jure, is clearly undermined if the claimant is unwilling, or unable, to exercise it in practice. You do have a good point in that since both sides are still, technically, in a state of civil war this may lead to answers that are only applicable to countries in a state of civil war. I'll try to edit it.
    – M. Y. Zuo
    Commented Aug 7, 2022 at 18:41
  • In response to your edit, the usual assumption in a civil war is that might makes right. In many cases the victor of a civil war, even with inferior claims than the losing side, were still eventually recognized by the majority of the international community. Since this has happened frequently throughout history, the rest of your assertion seem doubtful.
    – M. Y. Zuo
    Commented Aug 8, 2022 at 16:11

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