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The United States And The Taiwan Relations Act Jurisprudence Dialysis

Posted on:2008-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhuFull Text:PDF
GTID:2206360212481508Subject:International politics
Abstract/Summary:PDF Full Text Request
Washington's cross strait policy is de facto "Double Track". In other words, three Communiques apply to Sino-U.S. relations, while Taiwan Relations Act (TRA) is and will remain the guide for U.S. policy towards Taiwan. TRA is made by U.S. Congress, which is one municipal law of America. Three Communiques were international law documents, signed by mainland of China with the Nixon, Carter and Reagan administrations. In practice, TRA is corollary to three Communiques. The reasons for the American Congress to appear on the stages of TRA included the following: In comparison with the strategic significance of establishment of Sino-American diplomatic relations, the American Congress attached more importance to the "security" and prosperity of Taiwan. The Congress was greatly dissatisfied with Carter administration for its unilateral actions in the negotiation on the Sino-American diplomatic relations. It represented a reaction of the Congress power revival to the American China policy and it was also a result of instigation by a few pro-Taiwan Congresspersons.Such kind of checks and balances between Congress and White House are deeply rooted in the American Constitution, which make them happen inevitably in the history of American foreign policy. In theory, President only has much fewer power compared to Congress in the field of foreign policy. In fact, Presidential foreign affairs power has been greatly expanded beyond the Constitution. It is because of the Congress's implication, the Supreme Court's judgments and many Presidents' efforts.Lastly, the law status of three Communiques are unquestionable, and it should not be prevailed by TRA...
Keywords/Search Tags:Taiwan Relations Act, Three Communiques, Constitutionalism, Municipal law, International Law
PDF Full Text Request
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