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The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status

The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status
  • Author : Frank Chiang
  • Publisher :Unknown
  • Release Date :2017-11-21
  • Total pages :388
  • ISBN : 9780081023150
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Summary : 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

China/Taiwan

China/Taiwan
  • Author : Shirley A. Kan
  • Publisher :Unknown
  • Release Date :2011
  • Total pages :81
  • ISBN : 9781437988086
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Summary : 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.

Statehood and the State-Like in International Law

Statehood and the State-Like in International Law
  • Author : Rowan Nicholson
  • Publisher :Unknown
  • Release Date :2019-09
  • Total pages :256
  • ISBN : 9780198851219
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Summary : If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.

Asian Yearbook of International Law

Asian Yearbook of International Law
  • Author : Seokwoo Lee,Hee Eun Lee
  • Publisher :Unknown
  • Release Date :2019-12-16
  • Total pages :343
  • ISBN : 9789004415829
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Summary : 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.

The International Legal Status of the Republic of China

The International Legal Status of the Republic of China
  • Author : Hungdah Chiu
  • Publisher :Unknown
  • Release Date :1992
  • Total pages :37
  • ISBN : STANFORD:36105008609120
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Summary :

Sovereignty in China

Sovereignty in China
  • Author : Maria Adele Carrai
  • Publisher :Unknown
  • Release Date :2019-07-31
  • Total pages :290
  • ISBN : 9781108474191
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Summary : This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.

The U.S.-Taiwan-China Relationship in International Law and Policy

The U.S.-Taiwan-China Relationship in International Law and Policy
  • Author : Lung-Chu Chen
  • Publisher :Unknown
  • Release Date :2016-04-13
  • Total pages :440
  • ISBN : 9780190601126
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Summary : 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.

Taiwan and China

Taiwan and China
  • Author : Lowell Dittmer
  • Publisher :Unknown
  • Release Date :2017-09-26
  • Total pages :284
  • ISBN : 9780520295988
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Summary : At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. China’s relation to Taiwan has been in constant contention since the founding of the People’s Republic of China in October 1949 and the creation of the defeated Kuomintang (KMT) exile regime on the island two months later. The island’s autonomous sovereignty has continually been challenged, initially because of the KMT’s insistence that it continue to represent not just Taiwan but all of China—and later because Taiwan refused to cede sovereignty to the then-dominant power that had arisen on the other side of the Taiwan Strait. One thing that makes Taiwan so politically difficult and yet so intellectually fascinating is that it ­­is not merely a security problem, but a ganglion of interrelated puzzles. The optimistic hope of the Ma Ying-jeou administration for a new era of peace and cooperation foundered on a landslide victory by the Democratic Progressive Party, which has made clear its intent to distance Taiwan from China’s political embrace. The Taiwanese are now waiting with bated breath as the relationship tautens. Why did détente fail, and what chance does Taiwan have without it? Contributors to this volume focus on three aspects of the evolving quandary: nationalistic identity, social economy, and political strategy.

The Oxford Handbook of International Law in Asia and the Pacific

The Oxford Handbook of International Law in Asia and the Pacific
  • Author : Simon Chesterman,Hisashi Owada,Ben Saul
  • Publisher :Unknown
  • Release Date :2019-04-28
  • Total pages :912
  • ISBN : 9780198793854
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Summary : The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

At Cross Purposes

At Cross Purposes
  • Author : Richard C. Bush
  • Publisher :Unknown
  • Release Date :2015
  • Total pages :287
  • ISBN : 0765632969
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Summary :

China's anti-secession law and developments across the Taiwan Strait

China's anti-secession law and developments across the Taiwan Strait
  • Author : United States. Congress. House. Committee on International Relations. Subcommittee on Asia and the Pacific
  • Publisher :Unknown
  • Release Date :2005
  • Total pages :50
  • ISBN : PURD:32754077533226
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Summary :

International Law

International Law
  • Author : Barry E. Carter,Allen S. Weiner,Duncan B. Hollis
  • Publisher :Unknown
  • Release Date :2018-06-26
  • Total pages :1272
  • ISBN : 9781454892687
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Summary : Intended for use in an International Law survey course, International Law, Seventh Edition provides comprehensive coverage of foundational international law questions, including the nature and sources of international law, core doctrinal topics such as the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. The book also addresses key substantive topics in international law, with reference to important contemporary foreign policy issues, such as (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. Key Features: New co-author Duncan Hollis of Temple Law School joins Stanford Law School’s Allen Weiner as the active authors of the book. New discussions of major international developments, including the law governing the use of force [e.g., cyber operations and the military campaign against the Islamic State (ISIS)], nonproliferation (e.g., the Iranian and North Korean nuclear crises), the law of the sea (e.g., disputed maritime claims in the South China Sea), and international environmental law (e.g., the conclusion of the Paris Agreement). New case study in Chapter 1 focused on the international response to the rise of ISIS. Inclusion of extended excerpts from a number of major recent Supreme Court decisions related to international law, including Bond v. United States (on fundamental principles of federalism and the treaty power under Article VI of the Constitution), Zivotofsky v. Kerry (on the separation of powers between Congress and the President in the field of foreign affairs), and Kiobel v. Royal Dutch Petroleum Co. (on the Alien Tort Statute). Adopts a modern, conceptual approach to the presentation of materials on statehood (including Palestinian claims to statehood), international organizations, and international dispute resolution.

China, State Sovereignty and International Legal Order

China, State Sovereignty and International Legal Order
  • Author : Phil C.W. Chan
  • Publisher :Unknown
  • Release Date :2015-04-28
  • Total pages :368
  • ISBN : 9789004288379
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Summary : In China, State Sovereignty and International Legal Order, Phil C.W. Chan explores the nexus between China’s exercise of State sovereignty and international legal order, and the locus in which State sovereignty resides in international law and foreign policy-making.

The Creation of States in International Law

The Creation of States in International Law
  • Author : James R. Crawford
  • Publisher :Unknown
  • Release Date :2007-03-15
  • Total pages :229
  • ISBN : 9780191511950
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Summary : Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.

Taiwan and The ‘China Impact’

Taiwan and The ‘China Impact’
  • Author : Gunter Schubert
  • Publisher :Unknown
  • Release Date :2015-12-14
  • Total pages :334
  • ISBN : 9781317369158
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Summary : There can be no doubt that China’s economic and political rise is having a stronger effect on Taiwan than on any other country, given the Chinese government’s claim to sovereignty over Taiwan, and Taiwan’s quest to maintain its democratic achievements and political identity as a sovereign state. Against this background, this volume deals with the ‘bigger picture’ of evolving relations across the Taiwan Strait, departing from the observation that China’s impact on Taiwan has become stronger over the last 20 years. This book analyses the ‘China impact’ on Taiwan in terms of its social, political and security space from both an empirical and conceptual point of view. It is the first comprehensive account of China’s multifaceted impact on the politics and society of contemporary Taiwan, written by renowned scholars from Taiwan, Europe and the U.S. The book covers a wide range of topics including Taiwan’s party alignment, elections, generational politics, cross-strait political economy, immigration policy and security. The contributors, political scientists and sociologists, highlight both the dangers and the opportunities of the ‘China impact’ for Taiwan and draw a realistic picture of the island republic’s current situation and future options in the shadow of its giant neighbour. Based on qualitative and quantitative data, this volume intends to fill a gap in the Taiwan studies field by studying the ‘China impact’ on Taiwan’s politics and society systematically and from a comparative perspective. By doing so, it will be of great interest to students and scholars of Taiwan studies, and East Asian politics and society more generally.

Untying the Knot

Untying the Knot
  • Author : Richard C. Bush
  • Publisher :Unknown
  • Release Date :2005-11-01
  • Total pages :416
  • ISBN : 0815797818
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Summary : The relationship between Taiwan and China is a paradox. On the one hand, the two economies are becoming increasingly integrated, as Taiwanese companies have come to regard the mainland as the best place to manufacture their products and maintain global competitiveness. On the other hand, the long-running and changing political dispute between the two governments remains unresolved. Each side fears the intentions of the other and is acquiring military capabilities to deter disaster. In its pursuit of peace in the Taiwan Strait, the United States could get drawn into a war between the two rivals. Richard C. Bush, whose career has been dedicated to Taiwan-China issues, explores the conflicts between these nations and the difficulties that must be resolved. Disagreements over sovereignty and security form the core of the dispute. What would be the legal status and international role of the Taiwan government in a future unified China? Given China's growing military power, how could Taiwan feel secure? Complicating these issues are domestic politics and international competition, as well as misperceptions on both sides. Thus multiple obstacles prevent the two sides from even getting to the negotiating table, much less reaching a mutually acceptable resolution. For reasons of policy and politics, the United States is constrained from a central role. To begin with, it must provide China with some reassurance about its policy in order to secure cooperation on foreign policy issues. At the same time, it must bolster Taiwan's political confidence and military deterrence while discouraging provocative actions. The arcane nature of this dispute severely restricts the role of the United States as conflict mediator. But if there is to be any solution to this conflict, the comprehensive analysis that this book provides will be required reading for effective policy.

Chinese (Taiwan) Yearbook of International Law and Affairs

Chinese (Taiwan) Yearbook of International Law and Affairs
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :2005
  • Total pages :229
  • ISBN : STANFORD:36105064218733
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Summary :

Toxic Politics

Toxic Politics
  • Author : Yanzhong Huang
  • Publisher :Unknown
  • Release Date :2020-10-15
  • Total pages :300
  • ISBN : 9781108841917
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Summary : China's deepening health crisis reveals the fragility of the party-state and undercuts China's ability to project influence internationally.

Territorial Disputes and State Sovereignty

Territorial Disputes and State Sovereignty
  • Author : Jorge E. Núñez
  • Publisher :Unknown
  • Release Date :2020-05-11
  • Total pages :220
  • ISBN : 9781000082364
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Summary : Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.

Beijing Review

Beijing Review
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :2002
  • Total pages :229
  • ISBN : UOM:39015045725267
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Summary :

The "One China" Dilemma

The 'One China' Dilemma
  • Author : P. Chow
  • Publisher :Unknown
  • Release Date :2008-04-28
  • Total pages :318
  • ISBN : 9780230611931
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Summary : The new developments across the Taiwan Strait have illuminated the dilemma of the 'One China' policy, which could mislead to inconsistent or even contradictory policies, and result in devastating military confrontation between China and the U.S. and possibly Japan.