Taiwan And International Human Rights

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"--

Responding to the "Asian values" debate over the compatibility of Confucianism and liberal democracy, Confucianism, Democratization, and Human Rights in Taiwan, by Joel S. Fetzer and J. Christopher Soper, offers a rigorous, systematic investigation of the contributions of Confucian thought to democratization and the protection of women, indigenous peoples, and press freedom in Taiwan. Relying upon a unique combination of empirical analysis of public opinion surveys, legislative debates, public school textbooks, and interviews with leading Taiwanese political actors, this essential study documents the changing role of Confucianism in Taiwan's recent political history. While the ideology largely bolstered authoritarian rule in the past and played little role in Taiwan's democratization, the belief system is now in the process of transforming itself in a pro-democratic direction. In contrast to those who argue that Confucianism is inherently authoritarian, the authors contend that Confucianism is capable of multiple interpretations, including ones that legitimate democratic forms of government. At both the mass and the elite levels, Confucianism remains a powerful ideology in Taiwan despite or even because of the island's democratization. Borrowing from Max Weber's sociology of religion, the writers provide a distinctive theoretical argument for how an ideology like Confucianism can simultaneously accommodate itself to modernity and remain faithful to its core teachings as it decouples itself from the state. In doing so, Fetzer and Soper argue, Confucianism is behaving much like Catholicism, which moved from a position of ambivalence or even opposition to democracy to one of full support. The results of this study have profound implications for other Asian countries such as China and Singapore, which are also Confucian but have not yet made a full transition to democracy.

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.

Since the Tiananmen Square incident in 1989 there has been increasing international pressure on China to improve its approach to human rights, whilst at the same time the Chinese government has itself realised that it needs to improve its approach, and has indeed done much to implement improvements. This book explores systematically the international engagement in human rights in China and assesses the impact of such foreign involvement. It looks at particular areas including criminal justice, labour, and religious freedom, considers the processes by which international pressure is brought to bear and the processes by which improvements are implemented in China, and concludes that, whilst China’s human rights record has improved more than many people realise, further improvements are still needed.

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.

This volume describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. Lung-Chu Chen gives particular attention Taiwan's status under international law and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan.