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This volume describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. Lung-Chu Chen gives particular attention Taiwan's status under international law and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan.
This volume describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. Lung-Chu Chen gives particular attention Taiwan's status under international law and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan.
The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy. Responds to a key international issue of our time Takes a legal perspective on Taiwan and the One-China policy Considers the definition of a nation State from first principles, also offering new definitions Applies international law on territory to draw conclusions on Taiwan and its relation to the People’s Republic of China Systematically critiques the role of the UN and other global actors in relation to Taiwan
This book examines the most important issues determining the international status of Taiwan today: its international legal status, the viability of its flexible democracy, its efforts to gain participation or membership in international organizations, most notably the United Nations, and its future relations with mainland China, ranging from reunification to declared independence. Issues of American and European foreign policy and of domestic Chinese and Taiwanese politics are also addressed where relevant. This book is unique in that it looks at the question of Taiwan from the perspective of both international law and politics as it confronts the imperatives of law and the limitations of real world politics. As a result it offers insights and strategies that are both sensible and feasible. This book is aimed at scholars and practitioners of international law and international relations alike.
This book examines the most important issues determining the international status of Taiwan today: its international legal status, the viability of its flexible democracy, its efforts to gain participation or membership in international organizations, most notably the United Nations, and its future relations with mainland China, ranging from reunification to declared independence. Issues of American and European foreign policy and of domestic Chinese and Taiwanese politics are also addressed where relevant. This book is unique in that it looks at the question of Taiwan from the perspective of both international law and politics as it confronts the imperatives of law and the limitations of real world politics. As a result it offers insights and strategies that are both sensible and feasible. This book is aimed at scholars and practitioners of international law and international relations alike.
Despite apparently consistent statements in 4 decades, the U.S. ¿one China¿ policy concerning Taiwan remains somewhat ambiguous and subject to different interpretations. Apart from questions about what the ¿one China¿ policy entails, issues have arisen about whether U.S. Presidents have stated clear positions and have changed or should change policy, affecting U.S. interests in security and democracy. Contents of this report: (1) U.S. Policy on ¿One China¿: Has U.S. Policy Changed?; Overview of Policy Issues; (2) Highlights of Key Statements by Washington, Beijing, and Taipei: Statements During the Admin. of Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, George W. Bush, Clinton, and Obama. A print on demand report.
The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Taiwan "is becoming the most dangerous flash point in the world for a possible war that involves the United States, China, and probably other major powers," warn Robert D. Blackwill, Council on Foreign Relations (CFR) Henry A. Kissinger senior fellow for U.S. foreign policy, and Philip Zelikow, University of Virginia White Burkett Miller professor of history. In a new Council Special Report, The United States, China, and Taiwan: A Strategy to Prevent War, the authors argue that the United States should change and clarify its strategy to prevent war over Taiwan. "The U.S. strategic objective regarding Taiwan should be to preserve its political and economic autonomy, its dynamism as a free society, and U.S.-allied deterrence-without triggering a Chinese attack on Taiwan." "We do not think it is politically or militarily realistic to count on a U.S. military defeat of various kinds of Chinese assaults on Taiwan, uncoordinated with allies. Nor is it realistic to presume that, after such a frustrating clash, the United States would or should simply escalate to some sort of wide-scale war against China with comprehensive blockades or strikes against targets on the Chinese mainland." "If U.S. campaign plans postulate such unrealistic scenarios," the authors add, "they will likely be rejected by an American president and by the U.S. Congress." But, they observe, "the resulting U.S. paralysis would not be the result of presidential weakness or timidity. It might arise because the most powerful country in the world did not have credible options prepared for the most dangerous military crisis looming in front of it." Proposing "a realistic strategic objective for Taiwan, and the associated policy prescriptions, to sustain the political balance that has kept the peace for the last fifty years," the authors urge the Joe Biden administration to affirm that it is not trying to change Taiwan's status; work with its allies, especially Japan, to prepare new plans that could challenge Chinese military moves against Taiwan and help Taiwan defend itself, yet put the burden of widening a war on China; and visibly plan, beforehand, for the disruption and mobilization that could follow a wider war, but without assuming that such a war would or should escalate to the Chinese, Japanese, or American homelands. "The horrendous global consequences of a war between the United States and China, most likely over Taiwan, should preoccupy the Biden team, beginning with the president," the authors conclude.
Relations across the Taiwan Strait were unstable for decades before May 2008. Several acknowledged "crises" raised the possibility of war between China and the US and/or Taiwan and at times political disputes wracked the US-Taiwan relationship. Nevertheless, the Taiwan Relations Act (TRA) of 1979 helped maintain peace by deterring coercive actions by China against the island.
For a country of its size, Taiwan has a tremendous influence on world affairs and U.S. policy. The U.S.-Taiwan-China Relationship in International Law and Policy describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. In this book, Lung-chu Chen gives particular attention to Taiwan's status under international law, and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan. This book endorses the central purpose of the Taiwan Relations Act--achieving a peaceful resolution to the Taiwan question--while offering policy alternatives that will empower Taiwan to participate more actively in the international arena. This book follows in the tradition of the New Haven School of international law. As such, it defines the common interests of the world community, which include demands for human dignity and security and the protection of human rights in accordance with bedrock norms such as the right to self-determination and the peaceful resolution of conflict. Chen proposes that in accordance with international law, historical trends, and contemporary political conditions, the people of Taiwan should ultimately determine a path to normalized statehood through a plebiscite under the supervision of the international community.