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The One China Policy State Sovereignty And Taiwans International Legal Status

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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 Book
Author : Frank Chiang
Publisher : Elsevier
Release : 2017-11-21
ISBN : 0081023154
Language : En, Es, Fr & De

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Book Description :

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 Book
Author : Shirley A. Kan
Publisher : DIANE Publishing
Release : 2011
ISBN : 1437988083
Language : En, Es, Fr & De

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Book Description :

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 Volume 23 2017

Asian Yearbook of International Law  Volume 23  2017  Book
Author : Seokwoo Lee,Hee Eun Lee
Publisher : BRILL
Release : 2019-12-16
ISBN : 9004415823
Language : En, Es, Fr & De

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Book Description :

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 U S Taiwan China Relationship in International Law and Policy

The U S  Taiwan China Relationship in International Law and Policy Book
Author : Lung-chu Chen
Publisher : Oxford University Press
Release : 2016
ISBN : 0190601124
Language : En, Es, Fr & De

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Book Description :

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 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  Book
Author : Barbara Seelos
Publisher : diplom.de
Release : 2010-03-11
ISBN : 383664374X
Language : En, Es, Fr & De

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Book Description :

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 [...]

Chinese Constructions of Sovereignty and the East China Sea Conflict

Chinese Constructions of Sovereignty and the East China Sea Conflict Book
Author : Czeslaw Tubilewicz
Publisher : Routledge
Release : 2019-08-21
ISBN : 1000692639
Language : En, Es, Fr & De

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Book Description :

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.

Taiwan and China

Taiwan and China Book
Author : Lowell Dittmer
Publisher : Univ of California Press
Release : 2017-09-26
ISBN : 0520295986
Language : En, Es, Fr & De

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Book Description :

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.

China and Taiwan in Africa

China and Taiwan in Africa Book
Author : Sabella O. Abidde
Publisher : Springer Nature
Release : 2022-04-22
ISBN : 3030953424
Language : En, Es, Fr & De

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Book Description :

This edited volume discusses the contest and contestation between China and Taiwan for diplomatic recognition and supremacy on the African continent. Written by a diverse group of international scholars, this volume provides insight into five interlocking questions and areas: the origins of China and Taiwan’s continent-wide competition for supremacy; China and Taiwan’s foreign policy towards Africa during and after the Cold War; the shift in dominance from Taiwan to China; the changing allegiances of African governments; and the implications of ongoing China-Africa-Taiwan relations on the global system, especially on countries in the Global South. This book is divided into three parts. Part One deals primarily with the early history of both Chinas on the continent. Chapters in Part Two discuss the foreign policy of China and Taiwan toward the African continent. Part Three focuses on the shifting alliances and diplomatic allegiance of African countries towards the People’s Republic of China (PRC) and the Republic of China (ROC). Filling the gap in Africa-China-Taiwan studies, this volume will be of interest to researchers and students in the social sciences especially political science, comparative politics, international relations, foreign policy, politics of developing nations, area studies, and Taiwanese/Chinese studies.

The International Legal Status of the Republic of China

The International Legal Status of the Republic of China Book
Author : Hungdah Chiu
Publisher : School of Law University of Maryland
Release : 1992
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Download The International Legal Status of the Republic of China book written by Hungdah Chiu, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

Sovereignty in China

Sovereignty in China Book
Author : Maria Adele Carrai
Publisher : Cambridge University Press
Release : 2019-08
ISBN : 1108474195
Language : En, Es, Fr & De

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Book Description :

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.

At Cross Purposes

At Cross Purposes Book
Author : Richard C. Bush
Publisher : Routledge
Release : 2015-02-12
ISBN : 1317476298
Language : En, Es, Fr & De

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Book Description :

Written by the former chairman and managing director of the American Institute in Taiwan, this book sheds new light on key topics in the history of U.S.-Taiwan relations. It fills an important gap in our understanding of how the U.S. government addressed Taiwan and the Taiwan Strait issue from the early 1940s to the present. One theme that runs through these essays is the series of obstacles erected that denied the people of Taiwan a say in shaping their own destiny: Franklin Roosevelt chose to return Taiwan to mainland China for geopolitical reasons; there was little pressure on the Kuomintang to reform its authoritarian rule until Congress got involved in the early 1980s; Chiang Kai-shek spurned American efforts in the 1960s to keep Taiwan in international organizations; and behind the ROC's back, the Nixon, Carter, and Reagan administrations negotiated agreements with the PRC that undermined Taiwan's position. In addition to discussing how the United States reacted to key human rights cases from the 1940s to the 1980s, the author also discusses the Bush and Clinton administrations' efforts to preserve U.S. interests while accommodating new forces in the region. All these episodes have an enduring relevance for the people of Taiwan, and in his conclusion the author discusses where the relationship stands today. The book includes related documents that helped shape the U.S.-Taiwan relationship.

The Creation of States in International Law

The Creation of States in International Law Book
Author : James R. Crawford
Publisher : Oxford University Press
Release : 2007-03-15
ISBN : 0191511951
Language : En, Es, Fr & De

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Book Description :

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.

Statehood and the State Like in International Law

Statehood and the State Like in International Law Book
Author : Rowan Nicholson
Publisher : Oxford University Press
Release : 2019-09-19
ISBN : 0192591932
Language : En, Es, Fr & De

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Book Description :

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.

The United States Subnational Relations with Divided China

The United States    Subnational Relations with Divided China Book
Author : Czeslaw Tubilewicz,Natalie Omond
Publisher : Routledge
Release : 2021-05-24
ISBN : 1000388670
Language : En, Es, Fr & De

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Book Description :

This book examines US subnational engagement in foreign relations, or paradiplomacy, with China and Taiwan from 1949 to 2020. As an alternative diplomatic history of the United States’ relations with divided China, it offers an in-depth chronological and thematic discussion of state and local communities’ responses to the China-Taiwan sovereignty conflict and their impact on US diplomacy. The book explains why paradiplomacy matters not only in the ‘low politics’ of economic and cultural cooperation, but also in the ‘high politics’ of diplomatic recognition. Presenting case studies of US states and cities developing policies towards divided China that paralleled, clashed or aligned with those pursued by federal agencies, it also identifies Chinese and Taiwanese objectives and strategies deployed when competing for US subnational ties. Conceptually, the book builds upon Constructivism, redefining paradiplomacy as an institutional fact, reflective of subnational identities and interests, rather than as a subnational pursuit of foreign markets, driven by objective economic forces. Featuring new empirical evidence and a novel conceptual framework for paradiplomacy, The United States’ Subnational Relations with Divided China will be a useful resource for students and scholars of US foreign policy, the politics of China and Taiwan, paradiplomacy and international relations.

Fragments of an Unfinished War

Fragments of an Unfinished War Book
Author : Françoise Mengin
Publisher : Oxford University Press
Release : 2015
ISBN : 0190264055
Language : En, Es, Fr & De

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Book Description :

Originally published in French in 2013 by aEditions Karthala, Paris.

The One China Dilemma

The  One China  Dilemma Book
Author : P. Chow
Publisher : Springer
Release : 2008-04-28
ISBN : 0230611931
Language : En, Es, Fr & De

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Book Description :

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.

Untying the Knot

Untying the Knot Book
Author : Richard C. Bush
Publisher : Brookings Institution Press
Release : 2005-11-01
ISBN : 0815797818
Language : En, Es, Fr & De

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Book Description :

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.

The United States China and Taiwan

The United States  China  and Taiwan Book
Author : Robert Blackwill,Philip Zelikow
Publisher : Council on Foreign Relations Press
Release : 2021-02-11
ISBN : 9780876092835
Language : En, Es, Fr & De

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Book Description :

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.

German Practice in International Law Volume 1

German Practice in International Law  Volume 1 Book
Author : Stefan Talmon
Publisher : Cambridge University Press
Release : 2022-06-09
ISBN : 1009092766
Language : En, Es, Fr & De

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Book Description :

Customary international law is based on State practice. This book presents the international law practice of Germany, the world's fourth-largest economy and a powerhouse of the European Union. That practice makes an important contribution to the creation and development of customary international law. It is the first and only presentation in English of German practice in the field of international law. The 2019 volume also provides comprehensive coverage of Germany's membership of the United Nations Security Council. The book combines a case study approach, providing analysis and commentary on Germany's practice, with a classic digest of primary materials, including diplomatic correspondence, statements and court decisions. The book is an ideal complement to other compilations of international law practice and is an essential resource for scholars and practitioners of international law. It will also be of interest to scholars of international relations, politics and diplomatic studies.

Unrecognised Subjects in International Law

Unrecognised Subjects in International Law Book
Author : Władysław Czapliński,Agata Kleczkowska
Publisher : Wydawnictwo Naukowe Scholar
Release : 2019-01-23
ISBN : 837383964X
Language : En, Es, Fr & De

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Book Description :

edited by Władysław Czapliński and Agata Kleczkowska The book discusses a variety of issues related to two important international law institutions: international legal personality and recognition. Respective studies concern the legal situation and classification of various categories of non-recognised entities, the obligation to recognise and not to recognise specific subjects, rights and obligations of those entities (including, for example, state immunity and obligations in respect of human rights), and international liability for unlawful recognition. The authors of the texts are both eminent scientists, recognised specialists in the field of international law, as well as young lawyers, just starting their adventure with research work. The authors come from various parts of the world and represent a diverse approach to research methodology. Authors: Maurizio Arcari, Chun-i Chen, Władysław Czapliński, Natividad Fernández Sola, Łukasz Gruszczyński, Shotaro Hamamoto, Agata Kleczkowska, Anne Lagerwall, Margaret E. McGuinness, Marcin Menkes, Enrico Milano, Stefan Oeter, Dagmar Richter, Przemysław Saganek, Galina Shinkaretskaia, María Isabel Torres Cazorla, Szymon Zaręba.