The Research on Legalization of Cross-Strait CBMs

Abstract

Since the ban on Taiwan people visiting China lifted in 1987, the interactions between Taiwan and China are frequent and deep in every aspect. Though ex-President Lee Teng-hui’s and Chen hsiu-ban’s Mainland polices are overall discouraging, it is in vain to stop Cross-strait contacts. The official Cross-strait contacts re-open after KMT, which lost its infield position in 2000, retaking the power in 2008. It is worthy of noting here that the opportunities for Taiwan and China to enhance their relationship comes when the 2008 global depression occurs. On the other hand, China market attracts Taiwan business to invest and makes Taiwan economy being dependent on China much more than ever. If the situation keep going on, it is too bad for Taiwan economic, even political, development in the future. The trend of regime-building in international politics is obviously after the end of the Clod War. For examples, the successful integration of EU, the will-be Eastern Asia free trade area in so-called “ASEAN plus three” form, and especially the signatures of NPT and CTBT for global military security, those mentioned above all reply the calling for construction of a safe international, and regional of course, security circumstance. In sum, the legalization of Cross-strait confidence building measures (CBMs) is so vital not only to improve Eastern Asian regional security, but to ensure Cross-strait contacts moving toward a win-win plot. This research is aimed to apply the concept of security regimes and legalization doing a field-integration study. In other words, the author tries to exert the “implicit” and ”explicit” principles or rules, and the utilization of decision-making process in addition, to develop a multi-level (plural) comprehensive security regime. At the same time, by combining the compelling character of legalization and the liberate character of rule, the author also tries to construct “the legalization of security regime” in parallel way. Besides, whether Taiwan and China governments being abide by agreements which included in CBMs is observed through three indicators: obligation, precision, and delegation in this research. The supervision of decision-making process and the authorization condition of the Third Sector are also under examination. At last, the author evaluates the feasibility of legalization of Cross-strait CBMs and designs the priority of CBMs forms, in order to provide the academic study and governmental policy-making.