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The Launch of China's New National Appellate IP Court 中国特色的联 H
A Federal Circuit with Chinese Characteristics? – The Launch of China’s New National Appellate IP Court 中国特色的联邦巡回上诉法院? https://chinaipr.com/2019/01/04/a-federal-circuit-with-chinese-characteristics-the-launch-of-chinas- new-national-appellate-ip-court- %E4%B8%AD%E5%9B%BD%E7%89%B9%E8%89%B2%E7%9A%84%E8%81%94%E9%82%A6%E5%B7% A1/ On December 27, 2018, the Supreme People’s Court released the Provisions on Certain Issues of the IP Court (the “Provisions”), and the Standing Committee of the NPC announced a first round name list of judges of the new IP court. These decisions follow an earlier announcement by the NPC Standing Committee on October 26, 2018 authorizing the establishing of this new division of the SPC (officially translated as IP Court of the Supreme Court of SPCIP, with the Chinese name 最高人民法 院知识产权法庭). There were also indications that such a court was in the works that were previously reported in this blog in 2017. The newly established IP Court is intended to function very similarly to the US Court of Appeals for the Federal Circuit, with a national jurisdiction over technical IP cases as well as appeals of patent and trademark validity decisions. This is a much awaited, historic and potentially disruptive breakthrough in the China IP litigation system, that has been a focus of much discussion between US and Chinese experts over 20 or more years, notably between the SPC and former CAFC Chief Judge Rader, former USPTO Director Kappos , and others (including the author/owner of this blog). -
Progress and Prospects of Development of Peaceful Cross-Strait Relations
11th Annual Conference on “The Taiwan Issue in China-Europe Relations” Shanghai, China September 14-16, 2014 A workshop jointly organised by the German Institute for International and Security Affairs / Stiftung Wissenschaft und Politik (SWP), Berlin and the Shanghai Institutes for International Studies (SIIS), Shanghai. With friendly support of the Europe China Research and Advice Network (ECRAN). Discussion Paper Do not cite or quote without author’s permission Progress and Prospects of Development of Peaceful Cross-Strait Relations Yan Anlin Shanghai Institutes for International Studies Progress and Prospects of Development of Peaceful Cross-Strait Relations Yan Anlin More than six years have passed since the mainland and Taiwan took a crucial step in 2008 towards the development of peaceful relations. It is worth reflecting upon the progress in their relations since then, as well as the prospects of consolidating and deepening the relations in the future in the face of the new challenges and opportunities. 1. Positive changes for the development of peaceful cross-strait relations Over the past six years since May 2008, the mainland and Taiwan have made substantial progress in developing peaceful relations in the following four areas: Peaceful development has gained increasing momentum in cross-strait relations. The balance of power has apparently tilted towards the mainland, and this trend will continue for a long time. The mainland not only surpasses Taiwan in size, but has also outpaced the island in economic growth and global influence. With its growing strengths, the mainland has gradually assumed the leading role in cross-strait relations, whereas Taiwan has not found a way to stem its decline, which was publicly acknowledged by Su Chi, a key member of Ma Ying-jeou’s brain trust. -
The Taiwan Issue in China-Europe Relations” Shanghai, China September 21-22, 2015
12th Annual Conference on “The Taiwan Issue in China-Europe Relations” Shanghai, China September 21-22, 2015 A workshop jointly organised by the German Institute for International and Security Affairs / Stiftung Wissenschaft und Politik (SWP), Berlin and the Shanghai Institutes for International Studies (SIIS), Shanghai. With friendly support of the Friedrich-Ebert- Stiftung (Shanghai Office). Discussion Paper Do not cite or quote without author’s permission New Characteristics of Future Cross-Straits Relations and New Challenges Hu Lingwei Shanghai East Asia Institute New Characteristics of Future Cross-Straits Relations and New Challenges Hu Lingwei In recent years, as seen from the course of observing the Taiwan Straits’ situation, on the one hand, social activities in Taiwan were very active, and many people, especially the young generation, expressed opinions on some topics, and actively participated in social and political life, not only impacting Taiwan’s political situation, but also exerting profound influence on cross-Straits relations; on the other hand, under the joint influence of the mainland, Taiwan and international factors, the cross-Straits relations and Taiwan Straits’ situation maintained a steady trend of development. Through analyzing and studying the current and future cross-Straits relations, we can see that though cross-Straits relations have encountered some new complicated situations emerging in Taiwan’s society, overall cross-Straits relations have maintained the momentum of steady development and shown new characteristics. In view of the new characteristics manifested by cross-Straits relations, actively and properly handling new problems facing future cross-Straits relations is conducive to promoting and maintaining the trend of steady development of cross-Straits relations. -
Anticorruption in Taiwan: Process Tracing Report
Anticorruption in Taiwan: Process Tracing Report For “EU ANTICORRP – Anticorruption Policies Revisited. Global Trends and European Responses to the Challenge of Corruption” Work Package 3: Corruption and governance improvement in global and continental perspectives. Christian Göbel University of Vienna, Institute of East Asian Studies Lund University, Department of Political Science Spitalgasse 2, Court 2, Entrance 2.3 Vienna 1090, Austria Tel. +43-1-4277-43851 [email protected] 1 Introduction Judged by major corruption measures, Taiwan has not made any progress in fighting corruption. Taiwan’s scores in the Transparency International (TI) Corruption Perceptions Index (CPI) and the World Bank’s World Governance Indicators, are not much higher than they were in 1996.1 However, experts disagree with this gloomy verdict. The Bertelsmann Transformation Index (BTI), whose scores are based on the assessments by specialist scholars, gives Taiwan the highest possible score for “protection of office abuse”.2 At the same time, the number of people who report having experienced corruption themselves is low - on par with countries such as Germany, France and Austria.3 It follows that the Taiwanese government has been intensifying its fight against corruption, and although the overwhelming majority of people have not experienced corruption themselves, they think that the situation has not improved at all. This illustrates the pitfalls of judging the extent of corruption by perception-based indicators, at least in countries where bribery and other forms of “abusing public office for private gain”, the World Bank's definition of corruption, are not conducted openly. Here, perceptions are shaped by the very instances where anti-corruption works well: the arrest and conviction of politicians and businessmen. -
Since Ms. Tsai Ing-Wen's Election As President of the Republic of China
Beijing’s Policy Towards President Tsai Ying-wen and the Future of Cross-Strait Relations by Jean-Pierre Cabestan ince Ms. Tsai Ing-wen’s election as President of the Republic of China (ROC), STaiwan on January 16, 2016 and even more since her inauguration on May 20, 2016, Beijing’s policy towards the island-state has been both rigid and assertive. The People’s Republic of China’s (PRC) authorities have kept asking the new Taiwanese administration to endorse the so-called “92 consensus”—according to which there is “one China” but neither side tries to define it—that, contrary to the defeated Kuomintang (KMT), Ms. Tsai and her Party, the Democratic Progressive Party (DPP), which now controls a majority of seats in the Legislative Yuan, or Taiwan’s Parliament, are not going to do. As a result, the Chinese Communist Party (CCP) has decided to stop all high-level contacts with the Taiwanese government and instead has intensified its united front policy aimed at reaching out the segments of the Taiwanese polity and the society that disagree with the new president and her team—the KMT and their elected national and local representatives as well as the Taiwanese business community. This divide-and-rule-strategy is served by a stronger—though more slowly growing—economy, a more assertive foreign policy, especially towards the United States, and a more robust and threatening military. Beijing’s objectives are pretty clear and simple: contribute to Ms. Tsai’s failure in weakening her position and delegitimizing her policy choices, both in the eyes of Taiwan’s political, business elites and voters as well as, hopefully, the new American Administration; and, consequently, help the KMT and the “blue camp” as a whole to come back to power in 2020 in developing close relations with them and their business allies who have vested interests in or with China. -
Staking Claims to China's Borderland: Oil, Ores and State- Building In
UNIVERSITY OF CALIFORNIA, SAN DIEGO Staking Claims to China’s Borderland: Oil, Ores and State- building in Xinjiang Province, 1893-1964 A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in History by Judd Creighton Kinzley Committee in charge: Professor Joseph Esherick, Co-chair Professor Paul Pickowicz, Co-chair Professor Barry Naughton Professor Jeremy Prestholdt Professor Sarah Schneewind 2012 Copyright Judd Creighton Kinzley, 2012 All rights reserved. The Dissertation of Judd Creighton Kinzley is approved and it is acceptable in quality and form for publication on microfilm and electronically: Co-chair Co- chair University of California, San Diego 2012 iii TABLE OF CONTENTS Signature Page ................................................................................................................... iii Table of Contents ............................................................................................................... iv Acknowledgments.............................................................................................................. vi Vita ..................................................................................................................................... ix Abstract ................................................................................................................................x Introduction ..........................................................................................................................1 -
The Implications of Taiwan's 2008
The Fifth Annual Conference on China-Euro pe Relations and Cross-Strait Relations Xiamen, May 31 - June 2, 2008 A conference jointly organised by Stiftung Wissenschaft und Politik (SWP), Berlin, and the Shanghai Insti- tute for International Studies“ (SIIS) with financial support of the Robert Bosch Foundation (Stuttgart) and the Taiwan Affairs Office (Beijing) Discussion Paper Do not cite or quote without author’s permission Stiftung Wissenschaft und Politik The Implications of Taiwan’s 2008 Presidential Election for Cross-Strait Relations: The Foundations for a New Regionalism? Christopher R. Hughes London School of Economics and Political Science. German Institute for International and Security Affairs SWP Ludwigkirchplatz 3–4 10719 Berlin Phone +49 30 880 07-0 Fax +49 30 880 07-100 www.swp-berlin.org Implications of the 2008 election for national identity The March 2008 presidential election in Taiwan tells us much about the dilemma that the Ma Ying-jeou administration faces in developing its cross-Strait policy. Although the election was mainly fought on issues of governance and economic growth, identity politics did play a significant role. This can be seen in the way that Ma had to guard against attempts by the DPP to undermine his legitimacy by questioning his loyalty to Taiwan. With Ma having been born in Hong Kong, he was vulnerable to the kind of strategy that had been used to undermine Lien Chan and James Soong through use of the referendum in the 2004 election. Part of Ma’s response to this dilemma has been to develop a new form of ‘na- tivisation’ for the KMT. -
After the Taiwan Elections: Planning for the Future
After the Taiwan Elections: Planning for the Future Alan D. Romberg President Ma Ying-jeou’s solid re-election victory on January 14 and the Kuomintang’s respectable showing in the Legislative Yuan (LY) contests not only eased anxiety in Beijing and Washington, but laid a foundation for yet further progress along all sides of the triangular relationship. On the other hand, they created challenges for Ma, the opposition Democratic Progressive Party (DPP), Beijing, and the United States. The substantially reduced margin of Ma’s victory as compared with 2008, and the smaller Kuomintang (KMT) majority in the LY, reflected not only the “recovery” of the DPP from the low point of the Chen Shui- bian years, but widespread ambivalence about the Ma administration’s policies and performance. Although the two major parties returned to their traditional levels of support, there were abundant warning signs for President Ma and his colleagues that they needed to pay far more attention to the issues of economic and social inequity raised by the DPP during the election or else their “legacy” would be tarnished and the chances of a DPP return to power in 2016 would be enhanced. Early indications are that Ma is taking the warning to heart. The DPP, meanwhile, is engaging in considerable reflection on why it fared so badly, far worse in the northern and central sections of Taiwan than it aimed for or had expected to achieve based on its internal polls. Particular attention was focused on the question of the party’s cross-Strait policy, and as this essay was being drafted, despite adoption of a report that finessed the question of what the party’s policy toward the Mainland should be, a sharp debate had already taken place and was likely to continue between those advocating “moving to the center” and those who insisted on maintaining traditional positions on Taiwan’s independence. -
Taiwan's Mainland Policy Under Ma Ying-Jeou
Track Two Dialogue on EU-China-Relations and the Taiwan Question Shanghai, 5-6 June 2010 A workshop jointly organised by German Institute for International and Security Affairs / Stiftung Wissenschaft und Politik (SWP), Berlin and Shanghai Institutes for International Studies (SIIS), Shanghai, with the friendly support of the Robert Bosch Foundation, Stuttgart. Discussion Paper Do not cite or quote without author’s permission Between Hedging and Bandwagoning for Profit: Taiwan’s Mainland policy under Ma Ying-jeou Mathieu Duchâtel Asia Centre, Sciences Po, Paris SWP Ludwigkirchplatz 3–4 10719 Berlin Phone +49 30 880 07-0 Fax +49 30 880 07-100 www.swp-berlin.org 1 Under Ma Ying-jeou, the period of strategic surprises in cross-strait relations, which were commonplace under Lee Teng-hui and Chen Shui-bian, seems to have come to an end. Within the framework of cross-strait “peaceful development” created by Beijing, Taiwan’s Mainland policy has been highly predictable. The KMT program for cross-strait relations, which was elaborated during the 2007/2008 presidential campaign and which was voted for by the Taiwanese, is being incrementally implemented. At the time of writing (May 2010) the roadmap for the “peaceful development” of cross-strait relations, negotiated at the KMT/CCP level between 2005 and the 2008 presidential election, had been broadly respected, although at a slower pace than Beijing would expect. Indeed, less predictable than Taipei’s policies was the rhythm of cross-strait agreements, despite regular SEF-ARATS meetings. Some level of domestic pressure against increased cross-strait interaction, the DPP’s revival in local elections, uneasy technical negotiations, different groups lobbying for different interests in Taiwan, domestic gridlock in the aftermath of the Morakot typhoon and Ma’s quest for a second mandate in 2012 have all constrained the administration’s ability to move forward as quickly as it was previously envisioned at the second-track level or during KMT/CCP consultations. -
Table of Contents and Contributors
Contents List of Entries viii List of Contributors ix Introduction and Acknowledgments xxx Joan Lebold Cohen xxxviii Volume 1 Abacus to Cult of Maitreya Volume 2 Cultural Revolution to HU Yaobang Volume 3 Huai River to Old Prose Movement Volume 4 Olympics Games of 2008 to TANG Yin Volume 5 Tangshan Earthquake, Great to ZUO Zongtang Image Sources Volume 5, page 2666 Index Volume 5, page 2667 © 2009 by Berkshire Publishing Group LLC List of Entries Abacus Asian Games BORODIN, Mikhail Academia Sinica Asia-Pacific Economic Cooperation Boxer Protocol (Xinchou Treaty) Acrobatics Atheism Boxer Rebellion Acupuncture Australia China Friendship Society Boycotts and Economic Adoption Australia-China Relations Nationalism Africa-China Relations Auto Industry BRIDGMAN, E. C. Agricultural Cooperatives Autonomous Areas British American Tobacco Movement BA Jin Company Agriculture Bamboo British Association for Chinese Agro-geography Bank of China Studies American Chamber of Commerce Banking—History British Chamber of Commerce in in China Banking—Modern China Ami Harvest Festival Banque de l’Indochine Bronzes of the Shang Dynasty An Lushan (An Shi) Rebellion Baojia Brookings Institution Analects Baosteel Group Buddhism Ancestor Worship Beijing Buddhism, Chan Anhui Province Beijing Consensus Buddhism, Four Sacred Sites of Antidrug Campaigns Bian Que Buddhism, Persecution of Anti-Spiritual Pollution Campaign Bianzhong Buddhism, Pure Land Anyang Bishu Shanzhuang Buddhism, Tibetan Aquaculture Black Gold Politics Buddhist Association of China Archaeology and -
Transitional Justice and Prospect of Democratic Consolidation in Taiwan: Democracy and Justice in Newly Democratized Countries Vincent Wei-Cheng Wang Ithaca College
Ithaca College Digital Commons @ IC Politics Faculty Publications and Presentations Politics Department 7-1-2005 Transitional Justice and Prospect of Democratic Consolidation in Taiwan: Democracy and Justice in Newly Democratized Countries Vincent Wei-Cheng Wang Ithaca College Follow this and additional works at: https://digitalcommons.ithaca.edu/politics_faculty_pubs Part of the International Relations Commons Recommended Citation Wang, Vincent Wei-Cheng, "Transitional Justice and Prospect of Democratic Consolidation in Taiwan: Democracy and Justice in Newly Democratized Countries" (2005). Politics Faculty Publications and Presentations. 28. https://digitalcommons.ithaca.edu/politics_faculty_pubs/28 This Article is brought to you for free and open access by the Politics Department at Digital Commons @ IC. It has been accepted for inclusion in Politics Faculty Publications and Presentations by an authorized administrator of Digital Commons @ IC. !W**J&~~ ~1m it:-Jft-=-M 2005 ~ 6 f1 J[ 1-38 Transitional Justice and Prospect of Democratic Consolidation in r-r.1a1wan: . * Democracy and Justice in Newly Democratized Countries Vincent Wei-cheng Wang (.I.~j.il) Associate Professor of Political Science and International Studies Department ofPolitical Science University of Richmond Richmond, VA 23173 U.S.A. Email: [email protected] & Samuel Chang-yung Ku (Jfi fok) Professor Graduate Institute of Interdisciplinary Studies National Sun Yat-sen University Kaohsiung 804 Taiwan Email: [email protected] r&ms M : 2oos if. 6 J.J 1 s ti§'t 8 W3 : 2006 if. 3 Jj 19 8 An earlier version of this paper was presented at the 2003 American Political Science Association annual conference, Philadelphia. PA. U.S.A., August 28-31, 2003. -
Mid-Term Analysis of the Ma Ying-Jeou Administration the Difficulty of Delivering the (Right) Goods
China Perspectives 2010/3 | 2010 Taiwan: The Consolidation of a Democratic and Distinct Society Mid-Term Analysis of the Ma Ying-jeou Administration The Difficulty of Delivering the (Right) Goods Frank Muyard Édition électronique URL : http://journals.openedition.org/chinaperspectives/5299 DOI : 10.4000/chinaperspectives.5299 ISSN : 1996-4617 Éditeur Centre d'étude français sur la Chine contemporaine Édition imprimée Date de publication : 15 septembre 2010 ISSN : 2070-3449 Référence électronique Frank Muyard, « Mid-Term Analysis of the Ma Ying-jeou Administration », China Perspectives [En ligne], 2010/3 | 2010, mis en ligne le 01 septembre 2013, consulté le 28 octobre 2019. URL : http:// journals.openedition.org/chinaperspectives/5299 ; DOI : 10.4000/chinaperspectives.5299 © All rights reserved Special Feature s e Mid-Term Analysis of the v i a t c n i Ma Ying-jeou Administration e h p s c The Difficulty of Delivering the (Right) Goods r e p FRANK MUYARD Since his election as Taiwan’s president in 2008, Ma Ying-jeou has embarked on an active policy of rapprochement with China, leading to the signing of a string of economic and technical agreements with Beijing that have further liberalised and normalised cross-strait economic relations. But the way this rapprochement has been conducted, coupled with the economic crisis that has struck Taiwan for most of the first two years of Ma’s administration and a series of missteps and mismanagements by the president and the Kuomintang (KMT) government, have generated a crisis of confidence and widespread discontent among the Taiwanese. This has resulted in consistently low approval ratings and several setbacks in regional and by-elections in 2009 and 2010, as well as the resurgence of a reformed opposition under the leadership of Tsai Ing-wen.