The idea of a cross-strait common market, proposed by Vincent Siew (蕭萬長), has rekindled interest in and debate over the EU as a model for integration.
After 50 years of development, the EU has become a supranational, rather than an ordinary international organization. For its member states, the EU has its own independent system and institutions, and unifying laws and jurisdiction. The nature of international organizations is cooperative, rather than unifying. A cooperative international organization serves certain specific purposes but has no influence over the internal jurisdiction of member states, nor does it affect the fundamental structure of the modern international community, which is made up of sovereign states.
The purpose of a unifying international organization is to unify the territories and peoples of members. It has state-like powers and replaces state institutions in the exercise of such power within state territories, thereby inevitably breaking the rigid exclusiveness of the sovereign state's territorial jurisdiction. This so-called supranational organization changes the nature of country-to-country relations, leading to a reorganization of sovereignty and abandoning the conventional concept of "inalienable sovereignty."
The EU at its present stage is neither a confederation nor a federation, but it is quite clear that European integration has fostered a system with a considerable degree of federalism. The European Community, as it used to be called, did not have jurisdiction over foreign policy and defense as in a confederation, and the EU's precise jurisdiction is still being formulated. But the EU has a single currency and a structure of unitary institutions far beyond those of a confederation. More-over, it has a majority decision-making procedure, direct parliamentary elections, a complementary principle that demarcates the jurisdictions of the EU and member states, as well as frameworks, now under construction, for common foreign and security policy and cooperation in home and judicial affairs. All these are characteristics of a federation.
Taiwan and China do not share the basic structure or principles of the European integration model, given China's insistence upon "one China," its denial of the historical fact that Taiwan is a sovereign nation, President Jiang Zemin's (
In addition, the purpose of European integration is to establish a European federation, or a highly integrated supranational organization. Such a model is not in line with the mainstream consensus of the people of Taiwan and their fundamental interests. Due to disparities in economic structure, gaping differences in democracy and the rule of law, concepts of human rights and mainstream values, the basic conditions for European-style integration simply do not exist in the case of Taiwan and China. The European model of integration is not capable of being transplanted to the two sides of the Strait.
The process of European integration does give us a great deal of inspiration, however. There is not an equal balance of power between the two sides of the Strait, one being a large country and the other small. They do not enjoy the mutual balance of political and economic power that exists among the many EU member states, large and small. The two sides also lack a supranational organization like the EU -- nor can they possibly build one -- or its policy-making mechanisms, supreme legal and judicial authorities and legislature, etc. The two states are so different in nature that they can only seek close cooperation between their governments in order to expand cross-strait political and economic relations.
In the future, under the WTO framework, the conditions will exist for gradually abolishing tariff and non-tariff trade barriers and, under a principle of parity, signing agreements and setting up a cross-strait common market. Only then can there be a guarantee for the personal safety and property rights of people travelling across the Strait.
The process of European integration is therefore a worthwhile point of reference for the establishment of a cross-strait common market, but more consideration should be given to the unique relations between Taiwan and China. We should strengthen cross-strait economic integration through a confederation framework involving a low level of integration. Also, we should push for as much diplomatic, security and judicial cooperation as economic integration can bring about. The Central American Common Market, ASEAN, Economic Community of West African States, APEC and NAFTA -- all these organizations engage only in regional economic integration or cooperation in the areas concerned.
I agree with Siew's idea of building a cross-strait common market. Siew said, "Developing a cross-strait common market is a long road. To realize this idea, the two sides need to have a mutually acceptable foundation." But I am concerned about his advocacy of a 1992 agreement for the two sides unofficially to make their own interpretations of one China, which confuses the international community to say the least, not to mention the fact that China's "one China principle" means different things when it is applied to Taiwan and when it is presented to the international community. China will thus continue to block Taiwan's international space and seek to forcibly place Taiwan under its one country, two systems formula. We need cautiously and discreetly to think over these matters.
Dominique Wang is director of the Mainland China Legal Studies Center at National Taiwan University.
Translated by Wu Pei-shih and Francis Huang
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