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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 : 0081023154
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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

Chinese Constructions of Sovereignty and the East China Sea Conflict

Chinese Constructions of Sovereignty and the East China Sea Conflict
  • Author : Czeslaw Tubilewicz
  • Publisher :Unknown
  • Release Date :2019-08-21
  • Total pages :234
  • ISBN : 1000692639
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Summary : This book analyses Chinese social constructions of sovereignty in the context of the East China Sea conflict. It specifically explores China and Taiwan’s overlapping cross-Strait sovereignty claims and their domestic debates and policies towards the territorial dispute. Providing an up-to-date discussion of the East China Sea conflict, the book challenges conventional assumptions regarding both Beijing’s and Taipei’s adherence to the classical notion of Westphalian sovereignty. Instead, it brings China and Taiwan into the Constructivist analytical framework and develops a domestic agency-focused approach to demonstrate the social power of ideas and the centrality of domestic actors in the production of sovereignty. Offering a comprehensive examination of Chinese, Taiwanese, Japanese and US responses at the domestic and international levels, the book studies the sovereignty narratives and the coordination of efforts made by the PRC and ROC authorities to counter Japan’s territorial claims in the East China Sea. Featuring extensive analysis of the conceptual approaches to understanding Chinese sovereignty, Chinese Constructions of Sovereignty and the East China Sea Conflict will be useful for students and scholars of Chinese and Asian politics, as well as international relations and security studies.

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 : 0190601124
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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.

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 : 9004288376
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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 "One China" Dilemma

The 'One China' Dilemma
  • Author : P. Chow
  • Publisher :Unknown
  • Release Date :2008-04-28
  • Total pages :318
  • ISBN : 0230611931
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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.

China/Taiwan

China/Taiwan
  • Author : Shirley A. Kan
  • Publisher :Unknown
  • Release Date :2011
  • Total pages :81
  • ISBN : 1437988083
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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.

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 : 9004415823
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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 Economic Partnership Between India and Taiwan in a Post-ECFA Ecosystem

The Economic Partnership Between India and Taiwan in a Post-ECFA Ecosystem
  • Author : Joe Thomas Karackattu
  • Publisher :Unknown
  • Release Date :2013-07-03
  • Total pages :88
  • ISBN : 8132212789
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Summary : The partnership between India and Taiwan is situated in a virtual maze of complex political factors. Given the core issue of contestation of Taiwan’s political status in world affairs and India’s adherence to the “One China” policy, the relationship remains a fragile one for both partners. In recent years, Taiwan has signed the Cross-Strait Economic Cooperation Framework Agreement (ECFA) with Mainland China. Increasingly, its political and economic future (including its relationships with countries such as India) will continue to be linked with Mainland China. This book closely examines the partnership between India and Taiwan within the new post-ECFA setting that Taiwan finds itself in. It explicates the shifts and continuities in Taiwan’s economic relationship with Mainland China, discusses how partnership with India could become a crucial pivot of Taiwan’s foreign policy in the coming years, and argues why this partnership is vital for the “take-off ” of India’s own economic growth targets. The book identifies specific avenues for India and Taiwan to benefit from the economic growth success stories that they have come to represent over these years and outlines policy realignments that could allow India and Taiwan to best realize their mutuality of interests.

United States Practice in International Law: Volume 1, 1999–2001

United States Practice in International Law: Volume 1, 1999–2001
  • Author : Sean D. Murphy
  • Publisher :Unknown
  • Release Date :2003-01-09
  • Total pages :229
  • ISBN : 9781139435321
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Summary : Sean D. Murphy's wide-ranging and in-depth 2002 survey of U.S. practice in international law in the period 1999–2001 draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government to examine its involvement across a range of areas. These areas include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, human rights, and international criminal law. At the time of its first publication this summary of the most salient issues was a central resource on U.S. practice in international law. The volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners was the first in a series of books capturing the international law practice of a global player.

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 : 09876543XX
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Summary :

Dangerous Strait

Dangerous Strait
  • Author : Nancy Bernkopf Tucker
  • Publisher :Unknown
  • Release Date :2005-03-24
  • Total pages :288
  • ISBN : 0231509634
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Summary : Today the most dangerous place on earth is arguably the Taiwan Strait, where a war between the United States and China could erupt out of miscalculation, misunderstanding, or accident. How and to what degree Taiwan pursues its own national identity will have profound ramifications in its relationship with China as well as in relations between China and the United States. Events late in 2004 demonstrated the volatility of the situation, as Taiwan's legislative elections unexpectedly preserved a slim majority for supporters of closer relations with China. Beijing, nevertheless, threatened to pass an anti-secession law, apt to revitalize pro-independence forces in Taiwan—and make war more likely. Taking change as a central theme, these essays by prominent scholars and practitioners in the arena of U.S.-Taiwan-Chinese relations combine historical context with timely analysis of an accelerating crisis. The book clarifies historical developments, examines myths about past and present policies, and assesses issues facing contemporary policymakers. Moving beyond simplistic explanations that dominate discussion about the U.S.-Taiwan-China relationship, Dangerous Strait challenges common wisdom and approaches the political, economic, and strategic aspects of the cross-Strait situation anew. The result is a collection that provides fresh and much-needed insights into a complex problem and examines the ways in which catastrophe can be avoided. The essays examine a variety of issues, including the movement for independence and its place in Taiwanese domestic politics; the underlying weaknesses of democracy in Taiwan; and the significance of China and Taiwan's economic interdependence. In the security arena, contributors provide incisive critiques of Taiwan's incomplete military modernization; strains in U.S.-Taiwan relations and their differing interpretations of China's intentions; and the misguided inclination among some U.S. policymakers to abandon Washington's traditional policy of strategic ambiguity.

At Cross Purposes

At Cross Purposes
  • Author : Richard C. Bush
  • Publisher :Unknown
  • Release Date :2015
  • Total pages :287
  • ISBN : 9780765632968
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Summary :

Taiwan and China

Taiwan and China
  • Author : Lowell Dittmer
  • Publisher :Unknown
  • Release Date :2017-09-26
  • Total pages :284
  • ISBN : 0520295986
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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.

Promoting Confidence Building Across the Taiwan Strait

Promoting Confidence Building Across the Taiwan Strait
  • Author : Bonnie S. Glaser,Brad Glosserman
  • Publisher :Unknown
  • Release Date :2008
  • Total pages :28
  • ISBN : 9780892065509
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Summary : The advent of a new administration in Taiwan under the leadership of President Ma Ying-jeou and his Kuomintang (KMT) party has brought with it promising prospects for improved relations between mainland China and Taiwan. Many mutually satisfactory compromises must be made in order to improve and consolidate the relationship. Critical to this process is the role of confidence-building measures (CBMs)—formal and informal measures that address, prevent, or resolve uncertainties among parties and thus reduce the possibility of accidental conflict and increase mutual understanding and trust.In April 2008, the authors visited Taipei and Beijing with a delegation of U.S. and Canadian experts to discuss prospects and constructive suggestions for cross-strait confidence-building measures. This report presents the authors' reflection on what they learned during the trip and their assessment of the possibilities for and main obstacles to confidence building across the Taiwan Strait.American, Taiwanese, and Chinese participants all agreed that a strategic opportunity now exists to improve relations across the strait. There are emerging opportunities for confidence building in nontraditional security areas, such as the environment and public health. Establishing patterns of cooperation in these areas could precede the negotiation of more difficult military CBMs and build habits of collaboration. The biggest obstacle to CBMs, however, is the deep-seated suspicion on both sides of the strait. The United States, Taiwan, and China should all take steps to promote mutual trust and seek win-win-win solutions, and CBMs can play a critical role in that process.

Untying the Knot

Untying the Knot
  • Author : Richard C. Bush
  • Publisher :Unknown
  • Release Date :2005-11-01
  • Total pages :416
  • ISBN : 9780815797814
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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.

Taiwan and The ‘China Impact’

Taiwan and The ‘China Impact’
  • Author : Gunter Schubert
  • Publisher :Unknown
  • Release Date :2015-12-14
  • Total pages :334
  • ISBN : 1317369157
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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.

Chinese (Taiwan) Yearbook of International Law and Affairs

Chinese (Taiwan) Yearbook of International Law and Affairs
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :2006
  • Total pages :229
  • ISBN : 09876543XX
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Summary :

The Anti-Secession Law and the Use of Threat - Is China`s policy towards Taiwan a violation of Art 2 (4) UN Charter?

The Anti-Secession Law and the Use of Threat - Is China`s policy towards Taiwan a violation of Art 2 (4) UN Charter?
  • Author : Barbara Seelos
  • Publisher :Unknown
  • Release Date :2010-03-10
  • Total pages :79
  • ISBN : 383664374X
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Summary : Inhaltsangabe:Introduction: An individual should not have too much freedom. A nation should have absolute freedom . Dr. Sun Yat-Sen. The Cross-Strait Conflict concerning Mainland China and Taiwan continues to exist now for more than 50 years. The Civil War (1946-1949) divided the Chinese Nation into two parts: the People s Republic of China (PRC) on Mainland China and the Republic of China (R.O.C.) on Taiwan. Since 1949 conflicts between the two lead to several military confrontations. During the Cold War Era both sides claimed to be the formal representative of whole China. Finally in 1991 Taiwan declared its effective control over the region of Taiwan and its recognition of the legal sovereignty of Beijing on the mainland. The question of Taiwan s security and status keeps the struggle between the two alive. While China holds on to the one-China principle which defines Taiwan as an integral part of China, Taiwan sees itself as a sovereign entity. Even today Mainland China refuses to abandon the use of force and threat of force to attain its goal of reunification. Over the past decade Mainland China invested heavily in its military. Additionally in 2005 the Chinese National People s Congress passed the controversial Anti-Secession law (ASL), which authorizes the military to use force against Taiwan. A recent Pentagon report states that there is much uncertainty surrounding China s future course, in particular with regard to its expanding and implementing military power. Further the report notes that China s near-term focus on preparing for contingencies in the Taiwan Strait, including the possibility of U.S. intervention, is an important driver of modernization . The main objective of this thesis is to find out if the Anti-Secession law and the threat impose a breach of the non-violation principle of the UN-Charta. Some scholars have clearly stated that any threat or use of force would violate International Law. But the international law jurists and the UN itself have refrained from commenting on the issue. In fact when the PRC announced the passing of the concerned law in 2005 no one came out and voiced their opinion. The cross-strait relation and the ASL are well discussed in international policy. The EU for example had decided to revoke the arms embargo against China but failed to do so after the enactment. The ASL has caused more anxiety and uncertainty among the people of Taiwan and has created an even more unstable cross-strait [...]

Beijing Review

Beijing Review
  • Author : Anonim
  • Publisher :Unknown
  • Release Date :2002
  • Total pages :229
  • ISBN : 09876543XX
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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 : 1108474195
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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.

WTO and the Greater China

WTO and the Greater China
  • Author : Chien-Huei Wu
  • Publisher :Unknown
  • Release Date :2012-05-16
  • Total pages :308
  • ISBN : 9004208984
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Summary : Focusing on the impact of WTO disciplines, this book explores the WTO’s contribution to domestic reform, economic integration and dispute settlement of China, Taiwan, Hong Kong and Macau: the four WTO Members in Greater China.