Category: Law

The History and consequences of Taiwan’s “War On Drugs”

Written by Elsa Sichrovsky. Due to Taiwan’s geographically strategic position in Southeast Asia and proximity to the Golden Triangle of the heroin trade, it has had a long relationship with narcotics, dating back to opium smoking in the Qing dynasty. In the 1800s, the opium trade thrived following the Opium Wars in China, bringing in more than half of Taiwan’s revenue by 1892. During the Japanese colonial period (1895-1945), the Japanese established an opium monopoly in Taiwan which benefited them economically while they maintained an appearance of opposition to opium smoking. Through sales to hospitals and pharmaceutical companies around the world, opium composed up to 46 per cent of yearly colonial income from Taiwan until 1904.

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Is it Time for Taiwan to Modernise its Commercial Maritime Laws?

Written by Jason Chuah. Taiwan, with her economic strength in shipping, could perhaps be likened to a first-class marathon athlete running in the Olympics with flipflops unless it modernises its commercial maritime law. UNCTAD reports in its 2019 Shipping Outlook Report that Taiwan ranks 11 in terms of “ownership of world fleet ranked by dead-weight tonnage.” This is one place above the UK and only two places below the US. In terms of monetary value, it is ranked number seven in the world for ownership of bulk carriers (excluding oil tankers) and in the top 20 ship owning countries by value. Yang Ming and Evergreen are in the top 20 of terminal operators in the global league table.

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Taiwan Must Work with Indonesia to Combat Risks of Human Trafficking for Migrant Workers

Written by Bonny Ling. Since late-July 2020, a diplomatic row has embroiled the governments of Indonesia and Taiwan over who in principle should pay the cost of recruitment for low-skilled workers seeking jobs abroad. To date, the industry norm is that low-skilled migrant workers pay these fees of recruitment or placement to labour brokers in their home country, months before they begin their work and see their first pay. In order to secure a job abroad, many borrow heavily to pay for these recruitment costs upfront.

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Finding the Middle Ground Between Indigenous Hunting Rights and Animal Rights in Taiwan

Written by Chinghui Liao. Hunting traditions are common across many indigenous communities in Taiwan, and maintaining food security has been an important cultural practice for thousands of years. Recently, however, certain endangered animal species have faced greater risk due to commercial hunting. These cases often involve indigenous communities, and this has made the issue difficult to resolve. In order to protect a functioning and biodiverse ecosystem, the “wildlife conservation law” regulates hunting behaviour and limits legal practise to only specific indigenous ceremonies.

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IMAGINING A POST-PANDEMIC

Written by Yu-Hsien Sung and Chin-shou Wang. For many years, Taiwan has suffered from substantial amounts of corruption. The dominant political party used voting-buying machines to secure popular support and elicit cooperation from elites. Following the changes in the political environment during the democratization period, the old mechanisms gradually failed in their effectiveness. In recent global surveys on governance and corruption, Taiwan is considered as one of the best performers in the Asia-Pacific region. However, during the past year, several Taiwanese politicians and government officials were involved in bribery scandals.

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Taiwan’s Unsurprising Corruption

Written by Michael Johnston. Taiwan’s reputation for good government has vastly improved over the past generation and more. Its scores on the Transparency International’s well-known Corruption Perception Index have improved from a low score of 49.8 in 1996 to 58 in 2010 and 65 in 2019. The more sophisticated World Bank Institute’s World Governance Indicators include an index of Corruption Control. There too, Taiwan had risen from a score of +0.58 in 1996 to +1.03 in 2018.

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Taiwan, UN Membership and Human Rights Accountability: More than a Diplomatic Win

Written by Bonny Ling. Taiwan continues to be dogged by cases of extrajudicial killing, violating the fundamental human right to life, liberty, and security of person. A recent prominent case is the killing of a young Vietnamese migrant worker, Nguyen Quoc Phi, in August 2017 by a novice police officer in Hsinchu. The killing of Nguyen, immortalised in the two Taiwanese documentaries of the same name “Nine Shots” by Su Che-hsien and Tsai Tsung-lung, was marked by police brutality. The title is a reference to the number of bullets fired by the police officer in mere 12 seconds, killing an unarmed and unclothed Nguyen.

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The legacy of Taiwan’s “Mr. Democracy”

Written by Frédéric Krumbein. President Lee Teng-hui’s most enduring legacy is his crucial role in the process of Taiwan’s democratisation. His predecessor, Chiang Ching-kuo, had already started the process of liberalisation. Yet despite his having lifted martial law in July 1987, Chiang died a few months later with the KMT dictatorship still intact. Lee Teng-hui then gradually implemented democratic reforms during his presidency (1988-2000).

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International Law and Public Health Crises

Written by Pratnashree Basu and Aadya Chaturvedi. While countries are opting for varying degrees of response and control measures to curb the spread of the contagion, there is simultaneously a need for strengthening international institutional mechanisms to mitigate the global health emergencies such as the COVID-19 crisis. These mechanisms would warrant enhanced early responses and thus enable the curbing of infectivity. The right to health is recognised in the Preamble of the Constitution of the WHO. Furthermore, the International Health Regulations (IHRs) are considered the cornerstone of the international management of public health emergencies.

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Campaign Launched To Remove Limits On Transnational Gay Marriage In Taiwan

Written by Brian Hioe. The bill to legalize gay marriage cleared its third reading on May 17th, 2019, with gay marriage becoming legal on May 24th. However, there were some gaps in the scope of the bill. If a Taiwanese person wishes to marry a foreigner of the same sex, that foreigner must be from a country that has also legalized gay marriage. Likewise, foreign same-sex couples are not able to get married in Taiwan if one of them is from a country that has not legalized gay marriage. To this extent, same-sex couples who both come from countries that have not legalized gay marriage cannot get married in Taiwan.

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