Political Reform In Taiwan And The International Human Rights Regime

This collection of essays brings together several papers published by the author in the past 45 years, arranged chronologically, so the reader will follow the unfolding development of the author’s thinking on the issues discussed here. The essays primarily investigate the political reform promoted by intellectuals and the professional classes in Taiwan beginning in the 1970s and the introduction of a national human rights commission in the 1990s. The latter is here analysed under three headings: the creation of a national human rights commission; the drafting and review by foreign experts of the national reports on two international human rights covenants; and the handling of transitional justice. This book will be useful for historians and social scientists of 20th century Taiwan, as well as anyone interested in contemporary politics in the state.

This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

"Prior to China's entry into the United Nations (UN) in 1971, there was fierce debate about its anticipated behavior and impact. Proponents of Chinese membership argued that integration into the United Nations would ultimately change or "civilize" the People's Republic of China (PRC) while skeptics countered that the "...the UN is not going to serve as a reform school for Peking," and that China was likely to attempt to alter the international system. When Chinese Communist Party (CCP) leaders failed to challenge the existing global order and eventually adjusted their own priorities and goals to fit into it and even benefit from the prevailing international order, its behavior alleviated concerns of destructive behavior. Yet, the larger question of China's longer-term impact on and role in international regimes remains an open question. Even if the PRC has not acted as a spoiler of the international system, are there subtle yet significant ways that it has pursued change toward international regimes? This question become more pressing and salient with China's ascendance and rising weight in global politics, especially given indications that it is shedding its earlier status quo posture and shifting to a more assertive one. As scholar Elizabeth Economy noted, in a June 2018 speech PRC President Xi Jinping "put the world on notice: China has its own ideas about how the world should be run and is prepared, as he put it, to 'lead in the reform of global governance.'" Scholars have begun grappling with"--

This book shows that Taiwan, unlike other countries, avoided serious economic disruption and social conflict, and arrived at its goal of multi-party competition with little blood shed. Nonetheless, this survey reveals that for those who imagine democracy to be the panacea for every social, economic and political ill, Taiwan's continuing struggles against corruption, isolation and division offer a cautionary lesson. This book is an ideal, one-stop resource for undergraduate and postgraduate students of political science, particuarly those interested in the international politics of China, and the Asia-Pacific.

In 2008 Ma Ying-jeou was elected President of Taiwan, and the Kuomintang (KMT) returned to power after eight years of rule by the Democratic Progressive Party (DPP). Since taking power, the KMT has faced serious difficulties, as economic growth has been sluggish, society has been polarised over issues of identity and policy, and rapprochement between Taipei and Beijing has met with suspicion or reservation among large segments of Taiwanese society. Indeed, while improved relations with the United States have bolstered Taiwan’s security, warming cross-Strait relations have in turn made Taiwan more dependent upon and vulnerable to an increasingly powerful China. This book provides a comprehensive analysis of the return of the Kuomintang (KMT) to power, and examines the significant domestic political, economic, social and international challenges and changes that have characterized Taiwan since 2008. It identifies the major domestic, cross-Strait and foreign policy trends, and addresses key issues such as elections and Taiwan’s party system; the role of the presidency and legislature; economic development; social movements; identity politics; developments in cross-Strait relations; Taiwan’s security environment and national defence policies; relations with the US and Japan. In turn, the contributors look towards the final years of Ma’s presidency and beyond, and the structural realities – both domestic and external – that will shape Taiwan’s future. Political Changes in Taiwan Under Ma Ying-jeou will be of great interest to students and scholars of Taiwan studies, comparative politics, international relations, and economics. It will also appeal to policy makers working in the field.

Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.