Taiwan Blasts China provocation

[Razor61]

Taiwan blasts China 'provocation'

China's leaders fear Taiwan could formally declare independence
Taiwan has condemned a new Chinese law giving Beijing the legal right to use force against the island if it moves towards declaring formal independence.
Such "serious provocation" gravely affects regional security, said Joseph Wu, chairman of Taiwan's Mainland Affairs Council.

The White House said the adoption of the new law was "unfortunate".

China sees Taiwan as its territory and says it reserves the right to use force if "peaceful reunification" fails.

The new law was passed in the final session of the Chinese parliament's annual National People's Congress by a margin of 2,896 to zero, with two abstentions.

The Congress broke into applause at the passage of the so-called anti-secession law which allows for the use of "non-peaceful and other necessary measures".

TAIWAN-CHINA RELATIONS
Ruled by separate governments since end of Chinese civil war in 1949
China considers the island part of its territory
China has offered a "one country, two systems" solution, like Hong Kong
Most people in Taiwan support status quo


Warning to Taiwan
Taiwan Flashpoint

Analysts say the new law is partly designed to limit the options of Taiwanese President Chen Shui-bian, whose Democratic Progressive Party is pro-independence.

But it will add to tensions across the Taiwan Strait, where China has been rapidly building up its military capability.

"The law is tantamount to authorisation of war," warned Taiwanese cabinet spokesman Cho Jung-tai.

"All people in Taiwan are against the legislation, and we believe the world community also opposes it."

President Chen has called for hundreds of thousands of people to join a mass street protest later this month.

'Unfortunate'

US Secretary of State Condoleezza Rice, who will visit Beijing during a tour to Asia this week, said the law was "not necessary".

White House spokesman Scott McClellan told reporters: "We view the adoption of the anti-secession law as unfortunate. It does not serve the purpose of peace and stability in the Taiwan Strait."

The state shall employ non-peaceful means and other necessary measures to protect China's sovereignty and territorial integrity

China's anti-secession law


Full text of law

The US is Taiwan's closest ally and is worried about being sucked in to any conflict between the island and China.

Japan's Prime Minister, Junichiro Koizumi, also expressed concern.

"I wish both parties would work toward a peaceful solution and I hope that this law will not have negative effects," he said.

'Military struggle'

The 10-article law calls for the use of "non-peaceful means and other necessary measures to protect China's sovereignty and territorial integrity" if all other efforts fail.

China's Premier, Wen Jiabao, said the law was aimed at improving relations with Taiwan.

"This is a law to strengthen and promote cross-Strait relations, for peaceful reunification, not targeted at the people of Taiwan, nor is it a law of war," he said.

Some analysts have said China's use of the term "non-peaceful means" appears designed to include alternatives to military force, such as blockades or sanctions.

The law's passage comes a day after China's President, Hu Jintao, told China's 2.5 million-strong People's Liberation Army, whose budget has risen rapidly in recent years, to put national defence "above all else".

"We shall step up preparations for possible military struggle and enhance our capabilities to cope with crises, safeguard peace, prevent wars and win the wars if any," the president said.

China's leaders frequently make such statements, which are often directed at Taiwan.

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Hmm
Taiwan and the US are getting a bit nervy since China has now become a rather up-to-date super-power. They are updating much of their equipment, especially the Air Force and Navy.
According to BBC News, they now have a mobile launcher for their Ballistic missile which when mobilised can reach the north western United States.

[Cambridge Crash]

Interesting that timing is everything. China, one of the P5, has the chair of the UN Secuirty Council at the moment. Their mission in New York will not receive any visiting groups, knowing that this is an explosive issue. This is an issue to watch - closely. I contribute the following comments:

From an international constitutional law perspective, China may be on to a winner. The island of Taiwan was consitutionally part of China and chose to seek self determination in October 1948. Internal self-determination is not recognised under international law; territorial integrity is. The issue of territorial integrity is at the heart of international law, ie state sovereignty as specified in UN Charter Art 2(7). Furthermore, it is accepted under customary law that territorial boundaries are frozen at moment of independence, except where the states concerned agree otherwise, under uti possedetis juris. Further discussion took place in Burkina Faso v. Republic of Mali where it was noted that the principle of uti possedetis had developed into a general concept of contemporary customary international law and was unaffected by the emergence of the right of peoples to self-determination (ICJ Reports 1986, p 565; 80 ILR, p 469 refer). It could, however, be argued that the Government of PRC has, over a 60 year history, has demonstrated dissociation in terms of Governance of the people of Taiwan. This is an argument used to support humanitarian intervention, but to date, not to support 'internal' self determination and thus break up of the territorial integrity of the pre-revolutionary China. Furthermore, the principle of uti possedetis normally only applies in the transition from colonial administration.

Nonetheless, it is doubtful that China could garner international support for 'non peaceful means' including sanctions, against Taiwan - a state, however, which has little international recognition. The UK government recognises the state of PRC de jure as including the island of Taiwain. Once again, international law, based on consent of states, offers little hope of peaceful resolution to this problem. The US is treaty-bound to defend Taiwan, and has already sought support from Australia under the ANZUS agreement. The same treaty saw Australian and New Zealand troops serving in Vietnam.

cc

[Squirrel 41]

Cambridge,

Interesting post: but the position is not clear - remember that the Taiwanese can assert their rights to self determination under the Charter as well, and it would be a brave lawyer who would easily deny them this chance, esp. if it was the expressed will of the people in a demonstrably democratic plebiscite.

S41

[Cambridge Crash]

The position of Taiwan isn't clear. It lacks international recognition, whereas PRC is fully recognised by the international community. International opprobrium would be heaped upon PRC if force was used against Taiwan; however any UNSC resolution would be vetoed - unless PRC was absent from the SC (there is a precedent for this: USSR boycotted the SC in 1950 which allowed the US to have a UNSCR passed calling on international action under UN auspices in Korea). The right to self determination does not include 'internal' self determination. It is unlikely that the Taiwanese can claim to be ethnically or culturally different; remember the Quebecois were unsucessful in mounting a legal claim for self determination, although the circumstances might be quite different, the principles of international law would apply. (and yes, the Govt of Canada was unlikely to resort to military action to claim back Quebec!). The Chechens, for example, have struggled to find an international lawyer of any note who will support their claims for self-determination, in spite of the obvious repression heaped upon their territory by Moscow.

Nonetheless, Taiwan has adopted a declarative approach to statehood, meeting the criteria of Article 1 of the Montevideo Convention on Rights and Duties of States 1933 which lays down the most widely accepted criteria of statehood: a permanent population, a defined territory, a government, and a capacity to enter into relations with other states.

In the long term, Taiwan will be economically swamped by China; productivity is higher and there is a noticeable lack of inward investment in Taiwan in contrast with the littoral provinces of PRC. The west is likely to forget about pesky little issues such as democracy and human rights if Taiwan is subsumed by China.

CC

[Muff Coupling]

In essence cambridge mate..a load of polibable which the UN will lack the b***s to uphold against China, leaving George W to rope Tony and a smattering of ANZACS into a "Bomb China back to the Stone Age Exercise" as part of a wafer thin treaty with Taiwan.

You really must get future posts in line with the John 2 Jags Prescott vocab:p

[Stan Bydike]

I always thought that Taiwan came about as a result of the 1949 dissolution of the Nationalist government in China. The Communists took over the mainland without any democratic vote whilst the Nationalists retreated to Taiwan.

I therefore fail to understand why Taiwan is anything but a separate country with no ties or subject to any dictates from the mainland.

Am I missing something here?

[Cambridge Crash]

If Taiwan is a separate country, why is it recognised byy so few States and only maintains observer status at the UN General Assembly?

[Ex Douglas Driver]

Because to officially recognise Taiwan as an independant country is the diplomatic equivalent of kicking sand in the face of China. That is why only a few countries (America being one) are prepared to snub China. Obviously many more give tacit approval and support.

[RatherBeFlying]

Someday that Sugar Daddy in Beijing who has been drooling over that luscious daughter in Taiwan will catch on that she's ripe for the plucking.

Once the threat is made to drop several $100,000,000,000 in T-Bill's into the market, Mama USA will just have to give her up.