【 Panel Discussion Summary 】4/18 “Taiwan in the World: From International Humanitarian/Criminal Law to International Environmental/Biodiversity Law”
Taiwan has confronted difficulties against its statehood as well as participation in global agreements and organizations since 1971. What’s worse, worldwide conflicts and urgent environmental issues, such as biodiversity loss and climate change, have posed serious challenges to the globe, including Taiwan. In response, the Public Law Center and Policy and Law Center for Environmental Sustainability hosted a panel discussion, with the title of "Taiwan in the World: From International Humanitarian/Criminal Law to International Environmental/Biodiversity Law", inviting Professor Kevin Chang from National Chengchi University and Visiting Professor Ann Madding from National Taiwan University as speakers to provide valuable insights and suggestions for Taiwan's international strategies.
Professor Chang underscored the pivotal role of international law and international organizations in ensuring global peace and security. He reaffirmed Taiwan's status under international law and advocated for measures to strengthen its sovereignty. These measures involve exploring avenues for engagement with key international bodies such as the International Criminal Court (ICC), aligning domestic laws with global legal standards, and bolstering national security to deter potential threats, especially from China.
Professor Chang highlighted the role of ICC for Taiwan's further international engagement. Established in 2002 under the Rome Statute, the ICC addresses serious international crimes, such as genocide, crimes against humanity, war crimes, and aggression. Unlike member-based organizations, ICC operates as a functional court based on the Rome Statute's ratification. Therefore, there are two possible ways for Taiwan's engagement with the ICC: either by ratifying the Rome Statute to become a state party or by voluntarily accepting the Court's jurisdiction without formal membership. Each approach carries distinct benefits and legal implications, requiring Taiwan’s careful consideration based on its own national interests and capacity.
To further illustrate, Professor Chang identified several key benefits for Taiwan in joining the ICC, including enhancing Taiwan’s international reputation and values, reforming legal structures to align with global standards, and providing a robust deterrent against potential threats, especially from China, thus strengthening national security. Furthermore, Taiwan's accession could bolster the influence of ICC in Asia, where countries pay not that much attention to ratification as well as engagement with this institution. Professor Chang's analysis suggests a favorable likelihood of Taiwan joining the ICC, given China's reluctance to embrace ICC membership due to accountability issues, resulting in limited political sway. Also, the Court prioritizes universal membership, recognizing the value of including all territories to address international crimes comprehensively. All these factors indicate the possibility of Taiwan joining the ICC, especially considering its strategic position and the evolving dynamics of international relations in the Asia-Pacific region.
Next, Professor Ann Madding discussed on Taiwan's changing dynamics from the perspective of international environmental law. Professor Madding first pointed out Taiwan's past interactions with international environmental law, particularly focusing on its engagement with the Convention on International Trade in Endangered Species (CITES). After a video of rhino trading was released, Taiwan was caught violating the Convention and was sanctioned by international community and the U.S. in the 1990s when its role in relation to international environmental conventions remained ambiguous. However, with the unique characteristics of international environmental law, non-state parties could still bear certain obligations and sanctions under international law order. In response, Taiwan performed quickly to align itself with the international environmental law standards, and the Wildlife Conservation Act was indeed the product of that time.
Despite limitations as a non-party member, Professor Madding suggested that Taiwan has benefited from this proactive stance, witnessing improvements in environmental and biodiversity conservation. Professor Madding highlighted opportunities within international environmental law, emphasizing its decentralized nature compared to other areas of international law. With approximately 3,700 existing international environmental law agreements, Taiwan has ample space to engage with and contribute to the global community. Moreover, given its scientific strength in areas like climate change technology, Taiwan can provide significant assistance to international environmental or biodiversity-focused efforts. Moreover, by collaborating with sub-state actors and international environmental NGOs as well as showcasing its environmental compliance and initiatives, Taiwan can also raise awareness by providing international support and enhance its role in combating global environmental challenges.