Washington-based academics are warning US President Barack Obama not to sign the UN Arms Trade Treaty (ATT) because it could make it more difficult to sell weapons to Taiwan.
The treaty is to be negotiated next month in New York.
“The US is obligated by the 1979 Taiwan Relations Act [TRA] to make available the hardware and services necessary for Taiwan’s defense,” Heritage Foundation Research Fellows Ted Bromund and Dean Cheng (成斌) wrote.
In a paper published on Friday, Bromund and Cheng said that because Taiwan is not a UN member state — and is not recognized by a majority of UN members — the ATT would not recognize its right to buy or import arms.
“The ATT thus provides the basis for a Chinese argument that US sales of arms to Taiwan would circumvent the PRC’s [People’s Republic of China] import control system, violate China’s territorial integrity, and thus violate the treaty,” Bromund and Cheng wrote.
They said the ATT would “very likely” establish a series of criteria that treaty signatories are required to apply to proposed arms transfers. One of these criteria is likely to be that arms transfers should not seriously undermine peace and security or provoke, prolong or aggravate internal, regional, subregional or international instability.
“Since the Chinese Civil War has never been formally concluded, a state of war still exists between Taiwan and the PRC,” Bromund and Cheng said.
They said that this criteria offers the PRC a third argument that the US weapons sales or transfers to Taiwan would violate the terms of the ATT.
Bromund and Cheng said that the ATT poses three distinct threats to the legal obligation of the US to provide for the defense of Taiwan, or to the ability of Taiwan to provide for its own defense.
“A US administration that earnestly wished to fulfill its obligations under the TRA would likely do so, regardless of the ATT,” the academics said.
However, they said a US administration that believed US sales to Taiwan endangered US relations with the PRC, or did not want to sell arms to Taiwan for some other reason, would be able to cite the ATT as a reason not to proceed with those sales.
“Even if the US does not sign or ratify the ATT, US legal scholars who interpret it as customary international law could use it to argue that the US should not proceed with a proposed sale,” Bromund and Cheng said.
They conclude: “The ATT can only raise yet another hurdle to US arms sales to Taiwan.”
Arms sales, like international relations as a whole, are always a matter for judgement. In next month’s negotiations, the US should make it clear that it will not accept any treaty that would impinge on its ability to apply that judgement to its legal obligation to provide for the defense of Taiwan, they said.
“Elected officials have the broader responsibility to make it clear that they recognize the importance of the US commitment to Taiwan, and to stand by that commitment in word and deed,” Bromund and Cheng said.
In Taipei, Director-General of the Department of North American Affairs at the Ministry of Foreign Affairs Bruce Linghu (令狐榮達) said the ministry is aware of the proposed UN treaty and would keep abreast of any developments.
Issues related to the proposed UN treaty have not been placed on the agenda between Taiwan and the US, but the ministry will look into the matter, Linghu said.
Additional reporting by Shih Hsiu-chuan
People can take the Taipei MRT free of charge if they access it at Nanjing Sanmin Station or Taipei Arena Station on the Green Line between 12am and 6am on Jan. 1, the Taipei Department of Transportation said on Friday, outlining its plans to ease crowding during New Year’s events in the capital. More than 200,000 people are expected to attend New Year’s Eve events in Taipei, with singer A-mei (張惠妹) performing at the Taipei Dome and the city government’s New Year’s Eve party at Taipei City Hall Plaza, the department said. As people have tended to use the MRT’s Blue or
Civil society groups yesterday protested outside the Legislative Yuan, decrying Chinese Nationalist Party (KMT) efforts to pass three major bills that they said would seriously harm Taiwan’s democracy, and called to oust KMT caucus whip Fu Kun-chi (傅?萁). It was the second night of the three-day “Bluebird wintertime action” protests in Taipei, with organizers announcing that 8,000 people attended. Organized by Taiwan Citizen Front, the Economic Democracy Union (EDU) and a coalition of civil groups, about 6,000 people began a demonstration in front of KMT party headquarters in Taipei on Wednesday, organizers said. For the third day, the organizers asked people to assemble
Taipei is participating in Osaka’s Festival of Lights this year, with a 3m-tall bubble tea light installation symbolizing Taiwan’s bubble tea culture. The installation is designed as a bubble tea cup and features illustrations of Taipei’s iconic landmarks, such as Taipei 101, the Red House and North Gate, as well as soup dumplings and the matchmaking deity the Old Man Under the Moon (月下老人), affectionately known as Yue Lao (月老). Taipei and Osaka have collaborated closely on tourism and culture since Taipei first participated in the festival in 2018, the Taipei City Department of Information and Tourism said. In February, Osaka represented
Taiwanese professional baseball should update sports stadiums and boost engagement to enhance fans’ experience, Chinese Professional Baseball League (CPBL) commissioner Tsai Chi-chang (蔡其昌) told the Liberty Times (sister paper of the Taipei Times) in an interview on Friday. The league has urged Farglory Group and the Taipei City Government to improve the Taipei Dome’s outdated equipment, including relatively rudimentary television and sound systems, and poor technology, he said. The Tokyo Dome has markedly better television and sound systems, despite being 30 years old, because its managers continually upgraded its equipment, Tsai said. In contrast, the Taipei Dome lacked even a room for referees
RSS