Living Law® Taiwan-125 years of political/legal evolution

Setting the stage

The island of Taiwan has seen wave after wave of settlors over the centuries, from Polynesians (from whom the aboriginal Taiwanese are believed to have descended), to Europeans (Portuguese and Dutch traders), and waves of arrivals from China, mainly from the coastal areas. These groups shaped the culture and lifestyle in their particular areas. Imperial China considered Taiwan as part of its Empire, though the geographic distance of the island resulted in considerable autonomy. Any autonomy came to an end in 1895 when, as a result of the Sino-Japanese War, China lost the island to the Empire of Japan. The Japanese administration exerted considerable control over the population, even attempting forced cultural assimilation, which extended to language. It took World War II and the surrender of Japan to bring these integration efforts to a halt.

Early 20th Century Reverberations from the Mainland

Taiwan has always felt the impact of political developments on the mainland. The 1911 Revolution which brought an end to Imperial China had afterschocks in Taiwan as well. It also sowed the seeds for the Chinese civil war which would have dramatic repercussions for the island.

Learning objective: students will learn about the developments leading up to the end of Imperial China, and what that meant for the island of Taiwan.

A Uniform Starting Point

The 1911 Revolution marked a turning point in Chinese society. The Hubei Constitution introduced a form of civil rights unknown in Imperial times. The philosophical leader of the Nationalists, Dr. Sun Yat-Sen, created the legal and political underpinnings for a new Chinese state. His “Three Principles of the People” chartered a new course for the relations between the governed and their political leaders. It also served as the basis for a Constitution in 1912, and a later one in 1947.

Learning Objective: students will become familiar with the philosophical underpinnings of "newly Republican" China, as set out by Dr. Sun Yat-Sen, a figure revered on both sides of the Taiwan Straits.

Crisis Period: World and Civil War

By the time the Second World War was starting, two main camps had emerged from Revolutionary China: the Nationalists and the Communists. The Japanese already held Taiwan, but the war led to invasions of the mainland, the capture of Manchuria, and a horrible massacre at Nanjing. The war united the Nationalists and Communists in a common cause against the Imperial Japanese forces. Following the defeat of the Japanese, the underlying rivalries re-emerged, leading China back into civil war. The Communists ended up driving the Nationalist forces off the mainland and to the island of Taiwan. In 1949 Chairman Mao declared the People’s Republic of China. There were now two versions and visions of China, a Communist one on the mainland, and a Nationalist one on Taiwan, each claiming the political legitimacy over all of the Chinese people.

Learning Objective: students will become familiar with the dynamics of the Chinese civil war which, after the interruption of World War II, led to the Nationalists leaving for Taiwan and the Communists controlling the mainland.

The Cold War

The increasing polarization of the world into Communist/socialist and democratic camps directly impacted the Chinese political split. When the Korean War broke out, Taiwan became all the more important to the United Nations coalition fighting North Korean and Chinese forces on the Korean peninsula. Nationalist Taiwan landed in the Western orbit, permitting Chiang Kai-Shek and his followers to solidify their control of the people on Taiwan. The United States even committed itself to the military defense of Taiwan. A visit to the former front lines, some islands off the coast of mainland China, gives us a feeling for the intensity of the conflict, which more than once led to heavy fighting and later even the threat of nuclear war.

Learning Objective: after review of the materials, students will appreciate the extent of the United States involvement in Taiwan during the Cold War.

NEW! (August 2022):

The nature and extent of the US involvement in Taiwan, especially military assistance, was at its height during this period. This assistance, considerably curtailed after the recognition of the PRoC by the US (covered in the next Lecture), has continued to present. It is also receiving a new look following heightened tensions in the wake of the visit by several high-ranking US Congressional leaders in the summer of 2022.

The Cold War II

The islands of Taiwan essentially became military camps during the height of the inner-Chinese tensions. They were off limits to all except the military and those that already inhabited them. The Nationalist military trained under a mantra of someday recapturing the mainland. The existential threat posed by Communist China allowed Chiang Kai-Shek to run what many considered a military dictatorship. Massive foreign investment and assistance fueled an economic miracle, leading to Taiwan becoming one of the Asian Tiger (aka Dragon) economies. But the 1970’s rapproachment between the US Nixon administration and Mao’s People’s Republic began a dramatic shift in relations between the East and West, with Taiwan directly feeling the results.

Learning Objective: students will gain a feel for the intensity of the hostilities between mainland China and Taiwan during the early years of the Cold War, as well as the significance of the United States' shift of attention to and formal recognition of the People's Republic of China. 

Détente, De-Escalation, and Cross-Straits Dialogue

The recognition of the People’s Republic of China by the United States had dramatic consequences for the course of the Cold War, as well as for Taiwan. The US Congress attempted to preserve the special status and relationship with Taiwan by passing the Taiwan Relations Act. The Act committed the United States to the continuing support of Taiwan, but was vague on any notions of Taiwanese sovereignty. The other major event in this period was the death of Chiang Kai-Shek in 1975. The Nationalists remained firmly in control, with Chiang’s son Ching-kuo later assuming the role of President. There was a gradual relaxation of the measures from the long period of martial law, but it would take a while before the Nationalist leaders budged on one-party rule. There was also a relaxation of relations with the People’s Republic, with several rounds of talks leading to a number of agreements on trade and cultural exchange. This was not well-received by all Taiwanese, with widespread protests and even a student movement which briefly occupied the Parliament.

Learning Objective: students will learn how Taiwan emerged from martial law and one-party rule to became a democracy and leading economy in Asia. They will also become familiar with the rollercoaster ride of inner-Chinese relations in the early 21st century.

Where do they go from here?

There has been considerable progress in de-escalation made in the early 21st century. The bilateral relations seem to fluctuate depending on who is leading the respective political parties controlling the People’s Republic and the Republic of China. The former’s 2005 Anti-Secession Law seemed to mark a low point in the thawing, with China emphasizing that unification would take place, if necessary, by non-peaceful means. Such rhetoric cast some doubt on just how the heralded "one country, two systems" approach would work. Relations improved over the next few years, exemplified by a series of bilateral agreements and cooperative activities. The parallel developments in Hong Kong, now almost halfway through a transition period foreseen in the 1997 Handover arrangements, are closely watched by the Taiwanese.

Learning Objective: having completed the course, students should be in a better position to understand the frequent headlines covering developments on Taiwan and across the Taiwan Straits.