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Author: Frank P. Morello Publisher: Springer ISBN: 9401509719 Category : Law Languages : en Pages : 141
Book Description
Can two-Chinas co-exist in the present world order? In a sense they co-exist now-Free China in Taiwan (Formosa) and Communist China on the mainland. Barring a military showdown, this situation could remain for years to come. However, if we seek to put Free China and Communist China on some permanent basis and give them interna tional juridical status as abiding and separate entities, then we are faced with serious difficulties. Free China and Communist China co exist at present simply because neither can effectively alter the situa tion. Each is backed by a power bloc that recognizes the legal existence of only one of these political regimes. The United States does not re cognize Peiping, even though it has conducted meetings on the ambas sadorial level with the Regime for several years. In a corresponding way, the Soviet bloc of nations refuses to recognize Nationalist China. The situation is very similar to that of two-Germanys, two-Koreas and two-Vietnams. To seek a solution to this political impasse, it is suggested that a "Sino-Formosan State" or some kind of "self-determination" by the Formosans be instituted. This was first expressed by Chester Bowles in his article "The China Problem Reconsidered" (Foreign Affairs, April 1960), and supported by John Carter Vincent in his letter to the editor of the New York Times (December 7,1961). The Conlon Report of 1959 held the same posi. tion. Also, Arnold J.
Author: Frank P. Morello Publisher: Springer ISBN: 9401509719 Category : Law Languages : en Pages : 141
Book Description
Can two-Chinas co-exist in the present world order? In a sense they co-exist now-Free China in Taiwan (Formosa) and Communist China on the mainland. Barring a military showdown, this situation could remain for years to come. However, if we seek to put Free China and Communist China on some permanent basis and give them interna tional juridical status as abiding and separate entities, then we are faced with serious difficulties. Free China and Communist China co exist at present simply because neither can effectively alter the situa tion. Each is backed by a power bloc that recognizes the legal existence of only one of these political regimes. The United States does not re cognize Peiping, even though it has conducted meetings on the ambas sadorial level with the Regime for several years. In a corresponding way, the Soviet bloc of nations refuses to recognize Nationalist China. The situation is very similar to that of two-Germanys, two-Koreas and two-Vietnams. To seek a solution to this political impasse, it is suggested that a "Sino-Formosan State" or some kind of "self-determination" by the Formosans be instituted. This was first expressed by Chester Bowles in his article "The China Problem Reconsidered" (Foreign Affairs, April 1960), and supported by John Carter Vincent in his letter to the editor of the New York Times (December 7,1961). The Conlon Report of 1959 held the same posi. tion. Also, Arnold J.
Author: Jean-Marie Henckaerts Publisher: BRILL ISBN: 9004639780 Category : Law Languages : en Pages : 355
Book Description
This book examines the most important issues determining the international status of Taiwan today: its international legal status, the viability of its flexible democracy, its efforts to gain participation or membership in international organizations, most notably the United Nations, and its future relations with mainland China, ranging from reunification to declared independence. Issues of American and European foreign policy and of domestic Chinese and Taiwanese politics are also addressed where relevant. This book is unique in that it looks at the question of Taiwan from the perspective of both international law and politics as it confronts the imperatives of law and the limitations of real world politics. As a result it offers insights and strategies that are both sensible and feasible. This book is aimed at scholars and practitioners of international law and international relations alike.
Author: Frank Chiang Publisher: Elsevier ISBN: 0081023154 Category : Law Languages : en Pages : 389
Book Description
The One-China Policy: State, Sovereignty, and Taiwan's International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy. - Responds to a key international issue of our time - Takes a legal perspective on Taiwan and the One-China policy - Considers the definition of a nation State from first principles, also offering new definitions - Applies international law on territory to draw conclusions on Taiwan and its relation to the People's Republic of China - Systematically critiques the role of the UN and other global actors in relation to Taiwan
Author: Lung-chu Chen Publisher: Oxford University Press, USA ISBN: 0190227990 Category : Law Languages : en Pages : 674
Book Description
Applies the New Haven School approach explaining discrete aspects of the global decision process and their effects on the content of international legal rules. Provides an in-depth treatment of the key features of the New Haven School of international law. References both classic historical examples and contemporary events to illustrate international legal processes and principles. Focuses on important trends in international law, including the movement from a state-centered system to a people-centered one. Contributes to the growth of a world community of human dignity through international law. -- Publishers website.
Author: James R. Crawford Publisher: Oxford University Press ISBN: 0191511951 Category : Law Languages : en Pages : 943
Book Description
Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Author: Lung-chu Chen Publisher: Oxford University Press ISBN: 0190601124 Category : Law Languages : en Pages : 441
Book Description
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.
Author: Malcolm N. Shaw Publisher: Cambridge University Press ISBN: 1107394368 Category : Law Languages : en Pages : 1664
Book Description
Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.
Author: Frank P. Morello
Author: Frank P. Morello
Author: Lung-Chu Chen, Harold D. Lasswell
Author: Jean-Marie Henckaerts
Author: Hungdah Chiu
Author: Frank Chiang
Author: Lung-chu Chen
Author: Stephan Haggard
Author: James R. Crawford
Author: Lung-chu Chen
Author: Malcolm N. Shaw