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Tatay-Sheng Wang, the Legal Development of Taiwan in the 20Th
Washington International Law Journal Volume 11 Number 3 6-1-2002 The Legal Development of Taiwan in the 20th Century: Toward a Liberal and Democratic Country Tay-sheng Wang Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons Recommended Citation Tay-sheng Wang, The Legal Development of Taiwan in the 20th Century: Toward a Liberal and Democratic Country, 11 Pac. Rim L & Pol'y J. 531 (2002). Available at: https://digitalcommons.law.uw.edu/wilj/vol11/iss3/3 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Copyright 0 2002 Pacific Rim Law & Policy Journal Associalion THE LEGAL DEVELOPMENT OF TAIWAN IN THE 20TH CENTURY: TOWARD A LIBERAL AND DEMOCRATIC COUNTRY* Tay-sheng Wang I. INTRODbCTION The legal development of Taiwan' in the twentieth century reflects the complex legacy of "one land with two national flags." A government imposed by Japan ruled Taiwan for the first half of the twentieth century (1895-1945), followed by a government originating in China (the Chinese mainland) in the second half of the century (1945-2000). The people who came from Japan or Republican China became the leading class in Taiwan. Accordingly, these two regimes were regarded by the native inhabitants as foreign rulers.2 Taiwan's legal institutions underwent a radical change on the eve of the twentieth century. -
Taiwan and China's Cross-Strait Relations" (2018)
The University of San Francisco USF Scholarship: a digital repository @ Gleeson Library | Geschke Center Master's Projects and Capstones Theses, Dissertations, Capstones and Projects Spring 5-18-2018 Contending Identities: Taiwan and China's Cross- Strait Relations Jing Feng [email protected] Follow this and additional works at: https://repository.usfca.edu/capstone Recommended Citation Feng, Jing, "Contending Identities: Taiwan and China's Cross-Strait Relations" (2018). Master's Projects and Capstones. 777. https://repository.usfca.edu/capstone/777 This Project/Capstone is brought to you for free and open access by the Theses, Dissertations, Capstones and Projects at USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. It has been accepted for inclusion in Master's Projects and Capstones by an authorized administrator of USF Scholarship: a digital repository @ Gleeson Library | Geschke Center. For more information, please contact [email protected]. 1 Contending Identities: Taiwan and China’s Cross-Strait Relationship Jing Feng Capstone Project APS 650 Professor Brian Komei Dempster May 15, 2018 2 Abstract Taiwan’s strategic geopolitical position—along with domestic political developments—have put the country in turmoil ever since the post-Chinese civil war. In particular, its antagonistic, cross-strait relationship with China has led to various negative consequences and cast a spotlight on the country on the international diplomatic front for close to over six decades. After the end of the Cold War, the democratization of Taiwan altered her political identity and released a nation-building process that was seemingly irreversible. Taiwan’s nation-building efforts have moved the nation further away from reunification with China. -
Cross-Taiwan Strait Relations: What Are the Legitimate Expectations from the WTO Qingjiang Kong
University of Minnesota Law School Scholarship Repository Minnesota Journal of International Law 2005 Cross-Taiwan Strait Relations: What Are the Legitimate Expectations from the WTO Qingjiang Kong Follow this and additional works at: https://scholarship.law.umn.edu/mjil Part of the Law Commons Recommended Citation Kong, Qingjiang, "Cross-Taiwan Strait Relations: What Are the Legitimate Expectations from the WTO" (2005). Minnesota Journal of International Law. 220. https://scholarship.law.umn.edu/mjil/220 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Journal of International Law collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Cross-Taiwan Strait Relations: What are the Legitimate Expectations from the WTO? Qingjiang Kong* INTRODUCTION On December 11, 2001, China acceded to the World Trade Organization (WTO).1 Taiwan followed on January 1, 2002 as the "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu."2 Accession of both China and Taiwan to the world trading body has triggered a fever of activities by Taiwanese businesses, but the governments on both sides of the Taiwan Strait have been slow to make policy adjustments. The coexis- tence of business enthusiasm and governmental indifference * Professor of International Economic Law, Zhejiang Gongshang University (previ- ously: Hangzhou University of Commerce), China. His recent book is China and the World Trade Organization:A Legal Perspective (New Jersey, London, Singapore, Hong Kong, World Scientific Publishing, 2002). Questions or comments may be e- mailed to Professor Kong at [email protected]. -
Indigenous Autonomy: Constructing a Place for Ethnic Minorities in Taiwan’S Emerging Civic Society
Indigenous Autonomy: Constructing a Place for Ethnic Minorities in Taiwan’s Emerging Civic Society Scott Simon, professeur agrégé Département de sociologie et anthropologie Université d’Ottawa, Canada Chercheur invité Institut d’Asie Orientale, ÉNS-LSH Lyon, France Paper prepared for the Fifth European Association of Taiwan Studies (EATS) Conference, Prague, Czech Republic, 18-20 April, 2008. Please do not cite or quote without the written permission of the author. E-mail: [email protected]. Abstract: For more than two decades, indigenous autonomy has been one of the main demands of Taiwan’s indigenous rights movement. Indigenous autonomy was incorporated into Chen Shui-bian’s campaign promises in 1999, and subsequently adopted as a policy goal in the 2000 DPP White Paper on Indigenous Policy. In 2005, the passage of the Basic Law on Indigenous Peoples made it seem as if this goal could soon be fulfilled. The Taroko Nation, recognized by the ROC in 2004, initially seemed poised to create Taiwan’s first indigenous autonomous region. Those goals, however, have been slowed down by the emergence of communities and individuals in their defined territory who refuse Taroko identity and have launched a competing drive for recognition as the Sediq Nation. Some Taroko people also resist the project of autonomy on the grounds that it merely empowers a small elite and does nothing to address their more immediate economic problems. These counter movements suggest that more is at stake in “autonomy” than indigenous rights. This paper thus looks at the creation of indigenous autonomy as part of an emerging civic society for an independent Taiwan. -
Hazards and Protest in the “Green Silicon Island” the Struggle for Visibility of Industrial Hazards in Contemporary Taiwan
China Perspectives 2010/3 | 2010 Taiwan: The Consolidation of a Democratic and Distinct Society Hazards and Protest in the “Green Silicon Island” The Struggle for Visibility of Industrial Hazards in Contemporary Taiwan Paul Jobin Édition électronique URL : http://journals.openedition.org/chinaperspectives/5302 DOI : 10.4000/chinaperspectives.5302 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 Paul Jobin, « Hazards and Protest in the “Green Silicon Island” », 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/5302 ; DOI : 10.4000/chinaperspectives.5302 © All rights reserved Special Feature s e v Hazards and Protest in the i a t c n i e “Green Silicon Island” h p s c r The Struggle for Visibility of Industrial Hazards in Contemporary Taiwan e p PAUL JOBIN This paper presents the struggle of several actors, from environmental NGOs to labour activists, to make industrial hazards more socially visible. After an overview of the key issues in Taiwan’s environmental movement since the democratic transition of the mid-1980s, the second part focuses on labour NGOs, an original form of mobilisation pushing for reform of the compensation scheme for occupational hazards. The cases presented cover different industries—including nuclear, chemical, electronics, etc.—various pollutants, and their consequences on public health such as lung diseases diseases and cancers. n his inauguration address in 2000, the newly elected rior of work sites—be it a mine, an electronics factory, a nu - president Chen Shui-bian announced an ambitious proj - clear plant, a construction site, or the office of a Iect of converting Taiwan into a “Green Silicon Island” newspaper. -
Withdrawal/Redaction Sheet (George Bush Library)
Withdrawal/Redaction Sheet (George Bush Library) DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION CLASS. AND TYPE 10. Cable From AIT, Taipei to AIT, Washington D.C. 02/25/91 P-l, F-l, P-5 RE: News stories about possible aid to countries afflicted by the Gulf War - Redaction of annotations [DOCUMENT FOLLOWS] (1 pp.) COLLECTION Bush Presidential Records National Security Council Doug Paal Files FILE LOCATION Taiwan-U.S. 1991 [3] OA/ID Number CF01511 Date Closed 08/09/2002 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P-l National Security Classified Information |(a)(l) of the PRA] F-l National security classified information [(b)(l) of the FOIA] P-2 Relating to the appointment to Federal office |(a)(2) of the PRA] F-2 Release would disclose internal personnel rules and practices of an P-3 Release would violate a Federal statute |(a)(3) of the PRA] agency [(b)(2) of the FOIA] P-4 Release would disclose trade secrets or confidential commercial or F-3 Release would violate a Federal statute ((b)(3) of the FOIA] financial information |(a)(4) of the PRA] F-4 Release would disclose trade secrets or confidential or financial P-5 Release would disclose confidential advise between the President and information [(b)(4) of the FOIA] his advisors, or between such advisors |a)(5) of the PRA] F-6 Release would constitute a clearly unwarranted invasion of personal P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] privacy [(a)(6) of the PRA] F-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. -
The Rise and Fall of the Taiwan Independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010)
University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2012 The Rise and Fall of the Taiwan independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010) Dalei Jie University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Asian Studies Commons, and the Political Science Commons Recommended Citation Jie, Dalei, "The Rise and Fall of the Taiwan independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010)" (2012). Publicly Accessible Penn Dissertations. 524. https://repository.upenn.edu/edissertations/524 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/524 For more information, please contact [email protected]. The Rise and Fall of the Taiwan independence Policy: Power Shift, Domestic Constraints, and Sovereignty Assertiveness (1988-2010) Abstract How to explain the rise and fall of the Taiwan independence policy? As the Taiwan Strait is still the only conceivable scenario where a major power war can break out and Taiwan's words and deeds can significantly affect the prospect of a cross-strait military conflict, ot answer this question is not just a scholarly inquiry. I define the aiwanT independence policy as internal political moves by the Taiwanese government to establish Taiwan as a separate and sovereign political entity on the world stage. Although two existing prevailing explanations--electoral politics and shifting identity--have some merits, they are inadequate to explain policy change over the past twenty years. Instead, I argue that there is strategic rationale for Taiwan to assert a separate sovereignty. Sovereignty assertions are attempts to substitute normative power--the international consensus on the sanctity of sovereignty--for a shortfall in military- economic-diplomatic assets. -
How Taiwan's Constitutional Court Reined in Police Power
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Fordham University School of Law Fordham International Law Journal Volume 37, Issue 4 2014 Article 10 How Taiwan’s Constitutional Court Reined in Police Power: Lessons for the People’s Republic of China Margaret K. Lewis∗ Jerome A. Coheny ∗Seton Hall University School of Law yNew York University School of Law Copyright c 2014 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj ARTICLE HOW TAIWAN’S CONSTITUTIONAL COURT REINED IN POLICE POWER: LESSONS FOR THE PEOPLE’S REPUBLIC OF CHINA* Margaret K. Lewis & Jerome A. Cohen INTRODUCTION ........................................................................ 864 I. THE LEGAL REGIME FOR PUNISHING LIUMANG ........... 866 II. STRUCTURE OF CONSTITUTIONAL REVIEW ................. 871 III. INITIAL JUDICIAL INVOLVEMENT IN CURBING POLICE POWER ................................................................ 878 IV. INTERPRETATION NO. 636 ................................................ 882 A. Definition of Liumang and the Principle of Legal Clarity ........................................................................... 883 B. Power of the Police to Force Suspected Liumang to Appear .......................................................................... 891 C. Right to Be Heard by the Review Committee .............. 894 D. Serious Liumang: Procedures at the District Court Level ............................................................................. -
The Origins and Development of Taiwan's Policies Toward The
The Origins and Development of Taiwan’s Policies toward the Overseas Citizens’ Participation in Homeland Governance and Decision-Making Dean P. Chen, Ph.D. Assistant Professor of Political Science Ramapo College of New Jersey Presentations for the Center on Democracy, Development, and the Rule of Law Stanford University February 28, 2014 How International Relations (IR) Theories Matter? • Second-image reversed (Peter Gourevitch, 1978) – International systemic changes affect domestic politics – Domestic political actors and institutions filter the effects of international conditions, resulting in changes of interests, coalitions, norms, ideas, identities and policies • Constructivist theory of argumentative persuasion (Thomas Risse, 2000) – Interests and identities can be changed through the social interactive processes of argumentation, deliberation, and persuasion Main Argument • The Republic of China (ROC)/Taiwan’s policies toward overseas constituents have always been closely aligned with the government’s diplomatic objectives – From KMT’s pan-Chinese nationalism to Taiwan’s desire for a greater international space and political autonomy • Transformations of international politics inevitably shape the domestic political situations in ROC/Taiwan, which, then, impact policies toward the overseas community • Despite facing a rising People’s Republic of China (PRC), Taiwan’s democratization and rising Taiwanese consciousness have fostered a new set of identities, interests, and arguments that compete with Beijing’s “one China” principle -
The History and Politics of Taiwan's February 28
The History and Politics of Taiwan’s February 28 Incident, 1947- 2008 by Yen-Kuang Kuo BA, National Taiwan Univeristy, Taiwan, 1991 BA, University of Victoria, 2007 MA, University of Victoria, 2009 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF PHILOSOPHY in the Department of History © Yen-Kuang Kuo, 2020 University of Victoria All rights reserved. This dissertation may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. ii Supervisory Committee The History and Politics of Taiwan’s February 28 Incident, 1947- 2008 by Yen-Kuang Kuo BA, National Taiwan Univeristy, Taiwan, 1991 BA, University of Victoria, 2007 MA, University of Victoria, 2009 Supervisory Committee Dr. Zhongping Chen, Supervisor Department of History Dr. Gregory Blue, Departmental Member Department of History Dr. John Price, Departmental Member Department of History Dr. Andrew Marton, Outside Member Department of Pacific and Asian Studies iii Abstract Taiwan’s February 28 Incident happened in 1947 as a set of popular protests against the postwar policies of the Nationalist Party, and it then sparked militant actions and political struggles of Taiwanese but ended with military suppression and political persecution by the Nanjing government. The Nationalist Party first defined the Incident as a rebellion by pro-Japanese forces and communist saboteurs. As the enemy of the Nationalist Party in China’s Civil War (1946-1949), the Chinese Communist Party initially interpreted the Incident as a Taiwanese fight for political autonomy in the party’s wartime propaganda, and then reinterpreted the event as an anti-Nationalist uprising under its own leadership. -
Judicial Review of Government Actions in China
China Perspectives 2019-1 | 2019 Touching the Proverbial Elephant: The Multiple Shapes of Chinese Law Judicial Review of Government Actions in China Wei Cui, Jie Cheng and Dominika Wiesner Electronic version URL: http://journals.openedition.org/chinaperspectives/8703 DOI: 10.4000/chinaperspectives.8703 ISSN: 1996-4617 Publisher Centre d'étude français sur la Chine contemporaine Printed version Date of publication: 20 March 2019 Number of pages: 35-44 ISSN: 2070-3449 Electronic reference Wei Cui, Jie Cheng and Dominika Wiesner, « Judicial Review of Government Actions in China », China Perspectives [Online], 2019-1 | 2019, Online since 19 March 2020, connection on 19 December 2020. URL : http://journals.openedition.org/chinaperspectives/8703 ; DOI : https://doi.org/10.4000/ chinaperspectives.8703 © All rights reserved Special feature China perspectives Judicial Review of Government Actions in China WEI CUI, JIE CHENG, AND DOMINIKA WIESNER ABSTRACT: The judicial review of government actions is often used as a bellwether of the government’s attitude towards the rule of law in China. Accordingly, in gauging the direction of legal reform in the Xi era, media reports have highlighted changes in litigation against government agen - cies as evidence of positive movement towards greater rule of law. We provide a selective review of changes in China’s administrative litigation system in the last few years, giving special attention to the amendment in 2014 of the Administrative Litigation Law (ALL), and a 2018 Supreme People’s Court Interpretation of the same statute. In our view, the question of whether lawsuits might be brought against the government has ar - guably been superseded in importance by the question of how courts will decide such lawsuits. -
Transitional Justice in Taiwan: Changes and Challenges
Washington International Law Journal Volume 28 Number 3 7-1-2019 Transitional Justice in Taiwan: Changes and Challenges Nien-Chung Chang-Liao Yu-Jie Chen Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons Recommended Citation Nien-Chung Chang-Liao & Yu-Jie Chen, Transitional Justice in Taiwan: Changes and Challenges, 28 Wash. L. Rev. 619 (2019). Available at: https://digitalcommons.law.uw.edu/wilj/vol28/iss3/5 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2019 Washington International Law Journal Association TRANSITIONAL JUSTICE IN TAIWAN: CHANGES AND CHALLENGES Nien-Chung Chang-Liao* and Yu-Jie Chen** Abstract: Taiwan’s experience with transitional justice over the past three decades suggests that dealing with historical injustice is a dynamic and fluid process that is fundamentally shaped and constrained by the balance of power and socio-political reality in a particular transitional society. This Article provides a contextualized legal-political analysis of the evolution of Taiwan’s transitional justice regime, with special attention to its limits and challenges. Since Taiwan’s democratization began, the transitional justice project developed by the former authoritarian Chinese Nationalist Party (Kuomintang, KMT) has been rather disproportionately focused on restorative over retributive mechanisms, with the main emphasis placed on reparations and apology and little consideration of truth recovery and individual accountability.