Since the late 17th century, Taiwan has officially constituted a part of China. Save for the period of official Japanese occupation in the late 19th and early 20th century, since the late 17th century, the island of Taiwan has been a province of China. The ROC was established in 1912, replacing the Qing Dynasty of China, and officially exercised sovereignty over all of China (including Taiwan after World War II) until the establishment of the PRC in 1949. Thereafter, the ROC government moved to Taiwan, and established its government on the island that has since become a functioning democracy.

It is important to emphasize that since this time, the island of Taiwan itself has always remained a province of China, regardless of what government was controlling it. The ROC government, when it officially moved to Taiwan in 1949, essentially occupied a province of China. It had legitimate standing to do so because of its legitimacy as the "Republic of China" as established in 1912 -- essentially, the ROC's occupation and establishment of its government on Taiwan constituted the "Republic of China on Taiwan." As long as the Republic of China lives on in Taiwan, this republic still exists.

The PRC's government, in contrast, can be likened to the "People's Republic of China, Beijing," or alternatively, the "People's Republic of China, Mainland China." When Taiwan seeks from the international community recognition as an "independent state," it seeks recognition of its government, as established on the island of Taiwan. This government is the "Republic of China" regardless of what political party is governing. As long as the government in Taiwan traces its legitimacy from the republic established in 1912, it has authority or "right" to exist on the island of Taiwan because it represents a legitimate republic that continues to exist.When the government of Taiwan proposes to change its name to "Taiwan" it essentially proclaims itself the island of Taiwan, a province of China. It thus "demotes" its international legal status. It therefore undermines any claim of legitimacy, and becomes comparable to if the Chinese province of Guangdong decided to apply for U.N. membership as "Guangdong." This is a ridiculous proposition, and is no different from "Taiwan" applying to the U.N. The distinction must be recognized -- whether the Republic of China is entitled to international recognition or not is an arguable political and legal issue, whether the island province of Taiwan is entitled to international recognition is not.

If Taiwan is to have equal footing in its negotiations with Beijing it can only do so under the title of Republic of China because the Republic of China is the only name, concept, or entity, that Taiwan can claim that ever had legal standing as a legitimate government of China. It is preposterous and irresponsible that the government of Taiwan has not considered the implications of a name change to "Taiwan," and would propose to downgrade its legal and international status to adopt the name of a province of China as its legal name.

I urge the people of Taiwan to consider the implications of a positive referendum for changing the name of Taiwan from "Republic of China" to "Taiwan." My concern is not simply that it will anger Beijing or constitute a "frontal assault on Beijing's sensitivities." The people of Taiwan must consider the international legal implications of such a name change. If it chooses to abandon the name "Republic of China," the Republic of China will cease to exist, and the government of Taiwan will forfeit any legitimacy or right to govern on Taiwan, a province of China, without the direction and control of Beijing. I urge the people of Taiwan to consider this, and retain their status as the guardians and modern manifestation of the Republic of China.

Wen is a juris doctor candidate at Brooklyn Law School in New York City and author of "One China, Freely and Fairly Elected: A New Solution to the Issue of Taiwan," forthcoming in the Columbia Journal of Asian Law.