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Sovereignty Reinterpreted ─ The Relations Across the Taiwan Strait from the Perspective of International Law

Zheng Hailin

English , 2006/01 HKIAPS, Occasional Paper Series Hong Kong Institute of Asia-Pacific Studies, CUHK

Tags: China Studies, Politics

215 x 140 mm , 63pp ISBN / ISSN : 978-962-441-175-1

  • US$3.00

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This paper focuses on the relations between the two sides of the Taiwan Strait, and explores from the perspectives of international law and political science how peaceful reunification can be achieved. Through an analysis of concepts such as "sovereignty" and "sovereign rights," "de facto recognition" and "de jure recognition," "succession of government" and "succession of states," the author puts forward for the first time an ideology for settling the long-term dispute over sovereignty across the Strait that relies on a distinctive understanding of the connotations of "sovereignty" and "sovereign rights," and positions the relationship between the two sides as one in which the two governments would wield respective authority over international affairs and their own domestic affairs under the principle of "one China." The author suggests, under the principle of "one China," that the two governments should clearly understand the difference between a "succession of states" and the "succession of government," and seek "the goal of China's reunification" within the domestic landscape, while respecting various acknowledgements from the international community. Given the above preconditions, the two sides could dispel the hostile atmosphere and pursue non-violent solutions towards a peaceful reunification. This paper also provides an in-depth analysis of the German experience with reunification, the split between North and South Korea as well as their efforts to achieve unification, and the "New Sovereignty Concept" suggested by the Taiwan authorities and its impact on the cross-Strait relationship.

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