The Abuse of History: A Refutation of the State Department Analysis of Alleged Instances of Independent Presidential Treaty Termination

Abstract

The Carter-Hua Communique of December 15, 1978, announced the intent of the United States to establish full diplomatic relations with the People's Republic of China (PRC), effective January 1, 1979. Though in no way mandated to do so by the terms of this act of recognition, President Carter, at the insistence of the PRC, followed on the Communique by giving notice to the Republic of China (ROC or Taiwan) that the United States was terminating the Mutual Defense Treaty of 1954 between the United States and the ROC. No senatorial or congressional authorization was sought prior to the termination announcement.