WikiLeaks’ release of confidential US diplomatic cables on Aug. 30 with references to Taiwan have sent the Taiwanese political world into a frenzy. One of the cables revealed that since September 2009, Taipei has been pushing for Taiwan to participate in the UN Framework Convention on Climate Change (UNFCCC) as an “emissions entity,” as opposed to a state. While this is the right tactic, it would be better if it were part of a cohesive overall strategy to dispel any concern that Taiwan risks losing its sovereignty or having its international space stunted. To accomplish this, Taiwan should look more to the WTO model, not that of the World Health Assembly (WHA) model.
President Ma Ying-jeou (馬英九) says that Taiwan and China have agreed to a “diplomatic truce,” but there is little evidence of Beijing observing any kind of truce from the way it continues to block Taipei’s participation in international organizations.
It is true that Taiwan has been able to attend WHA meetings as an “observer nation.” However, the government has given up applying for UN membership and it has made little headway in applying for participation in either the UN’s International Civil Aviation Organization or the UNFCCC, not to mention the World Bank or the IMF, with meetings coming up in the run-up to the presidential election.
The WHA model is not the way to go and the government should steer clear of it. Although Taiwan applied for WHA observer nation status as a health entity, this was only granted following negotiations with Beijing and China’s request to the WHO secretary-general, who then, without first securing a WHO resolution on the matter, invited Taiwan to attend. Every year Taiwan wants to attend the WHA meeting it has to go through this process again.
In other words, the model of Taiwan’s participation in the WHA suggests that it is a territory under the jurisdiction of China, not simply a “health entity.”
The WHA route raises concerns about loss of sovereignty; however this is not the case with the WTO model. In line with clause 33 of the General Agreement on Tariffs and Trade and Article 12 of the Agreement Establishing the WTO — both of which deal with the topic of accession — and having secured the approval of the Ministerial Conference, Taiwan was able to join the WTO as a separate customs territory. It enjoys full and independent status as a member nation, which in no ways restricts its space or places it under the jurisdiction of another country.
Given that major global powers are reluctant to accept Taiwan’s participation in international organizations as a sovereign nation, Taiwan should adopt the next-best choice — using the WTO model of seeking membership as an “entity” — be it a political, legal, economic, social, cultural, health or civil aviation entity.
For example, there is a general consensus that Taiwan should be part of the international fisheries management system.
Article 1, Clause 3 of the 1995 UN Fish Stocks Agreement states that “[t]his Agreement applies mutatis mutandis [the necessary changes having been made] to other fishing entities whose vessels fish on the high seas.”
Since 1997, Taiwan has joined fishery organizations as a “fishing entity,” allowing it to sign agreements with many regional fishery management organizations. Indeed, Taipei has joined at least nine world fishery organizations, at least five of which were signed during former president Chen Shui-bian’s (陳水扁) tenure.
Not all international organizations allow for membership as a separate customs territory. The government can take a two-step approach to this.
First, it should endeavor to apply for Taiwanese participation as an entity — the exact nature of which depends on the nature of the organizations. It is important that these organizations recognize Taiwan as a full and independent observer nation and in such a way that it in no way places any constraints on Taiwan’s rights nor places it under the control of China. This would need to be approved by the decisionmaking body of that organization.
The second step is for Taiwan to do all it can to get the relevant countries, including China, to amend the regulations of international organizations to allow Taiwan to become a full and independent member as an entity. This would resolve the issue of international participation, if only temporarily.
I hope that Beijing would explore this option and not reject it out of hand. The WTO model does not involve the issue of Taiwanese sovereignty and yet it allows Taiwan to participate internationally, which can only be good for all concerned.
It is a win-win situation. Beijing needs to realize that resolving Taiwan’s inability to participate internationally is essential to tackling the root causes of longstanding areas of contention in cross-strait matters and would be beneficial to long-term peace and prosperity in the two countries, as well as the region.
And, instead of simply stepping aside and desisting from placing obstacles in Taiwan’s way, Beijing should get involved, promoting amendments to these international bodies’ regulations to allow Taiwan to join based on the WTO model.
Tung Chen-yuan is a professor at National Chengchi University’s Graduate Institute of Development Studies.
Translated by Paul Cooper
In their recent op-ed “Trump Should Rein In Taiwan” in Foreign Policy magazine, Christopher Chivvis and Stephen Wertheim argued that the US should pressure President William Lai (賴清德) to “tone it down” to de-escalate tensions in the Taiwan Strait — as if Taiwan’s words are more of a threat to peace than Beijing’s actions. It is an old argument dressed up in new concern: that Washington must rein in Taipei to avoid war. However, this narrative gets it backward. Taiwan is not the problem; China is. Calls for a so-called “grand bargain” with Beijing — where the US pressures Taiwan into concessions
The term “assassin’s mace” originates from Chinese folklore, describing a concealed weapon used by a weaker hero to defeat a stronger adversary with an unexpected strike. In more general military parlance, the concept refers to an asymmetric capability that targets a critical vulnerability of an adversary. China has found its modern equivalent of the assassin’s mace with its high-altitude electromagnetic pulse (HEMP) weapons, which are nuclear warheads detonated at a high altitude, emitting intense electromagnetic radiation capable of disabling and destroying electronics. An assassin’s mace weapon possesses two essential characteristics: strategic surprise and the ability to neutralize a core dependency.
Chinese President and Chinese Communist Party (CCP) Chairman Xi Jinping (習近平) said in a politburo speech late last month that his party must protect the “bottom line” to prevent systemic threats. The tone of his address was grave, revealing deep anxieties about China’s current state of affairs. Essentially, what he worries most about is systemic threats to China’s normal development as a country. The US-China trade war has turned white hot: China’s export orders have plummeted, Chinese firms and enterprises are shutting up shop, and local debt risks are mounting daily, causing China’s economy to flag externally and hemorrhage internally. China’s
During the “426 rally” organized by the Chinese Nationalist Party (KMT) and the Taiwan People’s Party under the slogan “fight green communism, resist dictatorship,” leaders from the two opposition parties framed it as a battle against an allegedly authoritarian administration led by President William Lai (賴清德). While criticism of the government can be a healthy expression of a vibrant, pluralistic society, and protests are quite common in Taiwan, the discourse of the 426 rally nonetheless betrayed troubling signs of collective amnesia. Specifically, the KMT, which imposed 38 years of martial law in Taiwan from 1949 to 1987, has never fully faced its
RSS