On April 10, the ROC and U.S. mark 35 years of ties under the Taiwan Relations Act. This unique piece of legislation, enacted by Washington after it switched recognition from Taipei to Beijing as the legal government of China at the beginning of 1979, provides a comprehensive framework for Taiwan-U.S. exchanges in the absence of diplomatic relations.
Signed into law by President Jimmy Carter, the legislation was passed with overwhelming majorities in the House of Representatives and Senate. It created the basis for Washington’s interactions with Taipei covering security, bilateral ties, congressional oversight, human rights and participation in international organizations.
Described by Carter’s successor President Ronald Reagan in 1980 as a moral obligation reflecting the strong support of the American people for Taiwan, the TRA initially functioned as a critical conduit for U.S. economic and security assistance in the face of the threat posed by mainland China. It later helped create the conditions that saw the ROC transform from a country under martial law to a vibrant democracy with multiparty elections, a free press and flourishing civil society.
Such progress was affirmed in January by U.S.-based Freedom House, which classified Taiwan as a free nation for the 18th consecutive year in its 2014 Freedom in the World report. This goes hand in hand with the government’s adherence to the U.N. International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights—a commitment under which the country has seen improvements in human rights across an array of areas, including affordable education, freedom of speech, gender equality and protection of property.
Despite Beijing tempering its tone toward Taipei since the end of the Cold War in 1991, and cross-strait relations going from strength to strength since President Ma Ying-jeou took office in May 2008, the TRA retains its value. It provides Taiwan with the confidence to deal with mainland China from a position of strength.
Although this strength is derived from cooperation spanning numerous areas, arms sales are the most obvious form of U.S. support for Taiwan under the legislation. Over the past five years, Washington agreed to supply Taipei with a record US$18.3 billion in defensive weapons.
A confident Taiwan with strong defensive capabilities can accomplish much in its dealings with mainland China. This was demonstrated in February when the heads of Taipei City-based Mainland Affairs Council and Beijing-headquartered Taiwan Affairs Office met for the first time in their official capacities. The fact that government representatives of two once bitter adversaries can now meet augurs well for the future of cross-strait relations and is testament to the foresight of the TRA.
The legislation also serves as a platform for Taiwan to expand its international space. Government efforts are backed by the U.S. in this regard, with major accomplishments including World Health Assembly observer status in April 2009, and attending the International Civil Aviation Organization’s 38th assembly in Montreal last September as a guest of ICAO Council President Roberto Kobeh Gonzalez.
In terms of Taiwan-U.S. relations, the TRA has laid the platform for considerable improvement in the two-way relationship. Taiwan was admitted to the U.S. Visa Waiver Program in December 2012, and the seventh round of talks under the Trade and Investment Framework Agreement were held in March 2013 after a hiatus of more than five years.
On April 4, the eighth round of TIFA talks got underway in Washington. The timing of the negotiations is important as the government has set its sights firmly on the goal of regional integration through such trade blocs as the Trans-Pacific Partnership. To date, extensive reform of the nation’s legal, public sector and regulatory environments has been undertaken. More than 900 laws and regulations have been amended, with a special act governing Free Economic Pilot Zones under review by the Legislature. These measures send a strong message to TPP negotiating partners that Taiwan is an ardent free trader and proponent of open markets.
In a welcome sign of congressional support for the TRA and Taiwan’s bid for TPP accession, U.S. Rep. Ed Royce introduced House Res. 494 in February, reaffirming the commitment of the House of Representatives to the Taiwan Relations Act as the cornerstone of U.S.-Taiwan relations. The resolution also calls for a deepening of trade and investment relations, extending to the country’s inclusion in bilateral and regional trade agreements.
The resolution also reaffirms support for Taiwan’s democratic institutions, and states that peace in the Taiwan Strait should be maintained to the benefit of the free people of Taiwan. In addition, it supports the commitment to Taiwan’s security, including the sale by Washington to Taipei of sophisticated defensive weapons.
President Ronald Reagan once said, “Peace is made by the fact of strength. ... Peace is lost when such strength disappears.” In standing the test of time, the TRA continues to define the Taiwan-U.S. relationship and give the country the strength to pursue cross-strait peace, international cooperation, new economic pacts and meet global challenges. As both sides strengthen their investment, trade and security partnership going forward, the TRA will remain a signpost to prosperity and stability.
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