臺灣與世界衛生組織：我國參與世界衛生組織幾個重要會議與機制的法律可行性評估

Abstract

本文評估中華民國政府參與WHO各活動的可行性，並解讀我國於二○○九年後受邀為WHA觀察員的意涵。本文討論馬英九總統的兩岸政策對政府參加WHO活動產生的契機，以及中華人民共和國政府對臺灣參與國際組織的立場，這些構成臺灣所面臨的外在框架及限制。本文透過「成文法」討論WHO憲章及相關議事規則對政府以各種模式參與WHO活動所設下的條件。本文並透過WHA的「實踐」來檢視WHA的觀察員制度，對中華民國政府在二○○九至二○一一年三度以觀察員身分參與WHA會議，是否導致「地位矮化」問題，提出評估。本文針對幾個WHO的機制及重要會議（包括西太平洋區域辦公室、菸草控制框架公約的締約方會議，以及WHO的執行委員會）的個別制度，來討論中華民國政府參與其活動的法律可行性。最後就我政府自二○○九年後參與WHO活動，作出整體評論。

This paper aims at evaluating the possibility of the Government of the Republic of China on Taiwan (ROC) to participate in selected meetings/ mechanisms of WHO. The paper also discusses the legal and political implications for the ROC Government to be invited to attend WHA as an observer from 2009 onward. The Cross-Strait Policy implemented by President Ma Ying-Jeou creates certain opportunities for such a quest to materialize. Apart from such opportunities, the boundary/limitation imposed by the Government of the People’s Republic of China for the ROC to join inter-governmental organizations is also studied. Treating WHO Observership as the object of this study, the focus is twofold: (1) The WHO Constitution and Rules of Procedure for various meetings and mechanisms, and (2) relevant practice concerning the invitation of observers at various meetings and mechanisms of WHO which has been developed over the years. The ROC Government was once heavily criticized as allowing its international legal status to be ‘downgraded’ due to its acceptance of the invitation to send officials to attend WHA meetings as observers. The validity of such criticism will be addressed by this paper based on relevant practice. This paper will also examine the Rules of Procedure for selected meetings and mechanisms of WHO (WPRO, COP of FCTC, and EB) to explore the possibility of the ROC Government to send observers to attend these meetings. At the end of this paper, an overall evaluation of ROC’s participation in WHO activities will be made.