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Panel 08: Navigating Uncertainty: Taiwan’s Resilience Amidst China’s Expanding Influence
Time:
Saturday, 21/June/2025:
10:45am - 12:15pm
Session Chair: Josie-Marie Perkuhn
Location: Room 2.18
Presentations
Taiwan’s Path to the ICC: the Delegation of ad hoc ICC Jurisdiction, the Strategic Benefits of a Unilateral Declaration for Rules of Engagement (ROE) and Countering Chinese Lawfare
Sasha Bonafede Chhabra 1 , Sze Hong Lam2 , Kaichieh {KJ} Hsu3
1 Institute for National Defense and Security Research; 2 Leiden University; 3 Taipei District Court
While Taiwan (ROC) is largely excluded from the United Nations and international organizations, Article 12(3) of the Rome Statute offers a path for Taiwan (ROC) to submit to the jurisdiction of the International Criminal Court (ICC) by unilateral declaration. This paper argues that Taiwan (ROC), as a recognized autonomous jurisdiction that has entered into legal cooperation with a number of European states, has the capacity to delegate its criminal jurisdiction to the ICC through an Article 12(3) declaration, even as a contested entity. Although political consequences present a significant barrier, a unilateral declaration would strengthen support for Taiwan among states and constituencies strongly supportive of the ICC, of which China is not a member. Through cooperation with the ICC and deviating from US foreign policy, Taiwan could benefit from an improved public image as a true supporter of international law that deserves recognition from states and international organizations. The acceptance of ad hoc international criminal jurisdiction over its territory could also serve as a legal response or minor deterrent against blockade or grayzone tactics. In the context of criminal law and rules of engagement (ROE), this paper examines the two principal roles ROE can play in the criminal law context: as an accusatory device and as an exculpatory device. This paper contains a combined legal and political analysis of the pros and cons of Taiwan’s ad hoc Declaration to the ICC, the procedures of how it could be done, and the practical considerations of membership for Taiwan.
What Can Chinese Medicine Tell us About Taiwan? A Reflection From an Anthropological Case Study to Question Its Relationship With The Indo-Pacific And Beyond
Daniele Mario Buonomo
University of Milano-Bicocca, Italy
Chinese medicine (CM), one of the world's oldest medical systems with origins dating back more than 2,000 years, is today widespread throughout the world. According to the World Health Organisation (WHO), Chinese medicine is now practised by more than 300,000 practitioners in about 100,000 Chinese medicine clinics in over 100 countries worldwide. Chinese medicine also represents excellence in Taiwan. Indeed, Taiwan invests considerably in research and sustainable development of Chinese medicine to keep up with international trends. But what can Chinese medicine tell us about Taiwan and its international role? I will try to answer this question based on a 10-month ethnography in Taiwan. My research analysed the transmission of Taiwanese Chinese medicine in a clinic in Taipei and at the China Medical University in Taichung. Methodologically, I carried out a participant-observation: I conducted semi-structured interviews with doctors and practitioners, I made observations of medical practices both in clinics and in hospitals, and I followed the path of a foreign student of Chinese medicine. My study highlighted the characteristics of the different training paths to become a practitioner of Chinese medicine and the facets that characterise Taiwanese Chinese medicine. Through the results of my research, I will attempt to reflect on the value Taiwanese Chinese medicine might have in its international recognition.
PRC’s Vision of the Global Rule of Law and Its Implications for Taiwan
Martin Lavička
Palacký University Olomouc, Czech Republic
Although the phrase “rule of law” was enshrined in the Chinese Constitution in 1999, it gained significant prominence during Xi Jinping’s administration. In 2021, the CCP Central Committee issued a Five-Year Plan outlining a vision for a Chinese-style rule of law with global impact. This process involves systematizing and professionalizing legal and governance practices. However, the Chinese concept of the “socialist rule of law with Chinese characteristics” diverges from the Western understanding. Key elements, such as the separation of powers and the supremacy of law, are absent. Moreover, the CCP’s role as the ultimate authority is central to this model.
Based on a close reading of both academic and non-academic documents, this presentation will explore the implications of China’s rule of law build-up for cross-Strait relations. This includes increased pressure on Taiwan, the potential misuse of legal tools for coercion, and the further erosion of international support for Taiwan.
Role of Taiwan in Sustaining Global Supply Chain: The Significance of Malacca Strait
Saroj Kumar Ratha
University of Delhi, India
Malacca Strait waterway is geographically the shortest path for container and cargo vessels journeying between Europe, the Middle East and Africa on one side and East Asia on the other. The volume of trade that transits through this strait is staggering: US$3.5 trillion of global trade navigates through its waters annually. Most of the maritime trade through the South China Sea passes through the Straits of Malacca, Sunda, and Lombok. When we see it through the number of Ships travelling through the Malacca strait using its more than 40 ports, the number is mind-boggling. We know, 90% of trade goods travel by sea. Considering the Chinese belligerence, the role of Taiwan in securing the trade route through the Malacca Strait is immense. Taiwan’s role is crucial to secure the sea route through Malacca. India has the advantage of getting supply from a vast ocean route. Not other Asian giants like China, Taiwan, Japan, Korea and also other Southeast Asian countries. A potential disruption in the Strait of Malacca would not only impact Asia but would ripple across global supply chains, reflecting the domino effect characteristic of interconnected trade networks. China’s most significant challenge in the Indian Ocean is the “Malacca dilemma.” The Malacca Strait is a crucial maritime chokepoint. Taiwan in collaboration with the United States or Indian navies can potentially effect a naval blockade. This may lead to presenting Beijing with a serious wartime economic security threat. Taiwan can offer a unique position in such a scenario.