Abstract

http://ssrn.com/abstract=1694863
 


 



Purposeful Ambiguity as International Legal Strategy: The Two China Problem


Anthony D'Amato


Northwestern University - School of Law

October 19, 2010

THEORY OF INTERNATIONAL LAW AT THE THRESHOLD OF THE 21ST CENTURY: ESSAYS IN HONOUR OF KRZYSZTOF SKUBISZEWSKI, pp. 109-121, Jerzy Makarczyk, ed., Kluwer, 1996
Northwestern Public Law Research Paper No. 10-63

Abstract:     
For every definable term in international law there are clear cases and fuzzy cases. Everyone accepts that the term “state” applies to Paraguay, Poland, Portugal and over a hundred other clear cases, but does it apply to Puerto Rico, Western Samoa, the Isle of Man, the Channel Islands, Gibraltar, or the Vatican City? The word “treaty” has thousands of clear applications, but does it apply to an exchange of faxes between two governments or a handshake between two diplomats at a cocktail party? In addition to ambiguities of this kind, international law is replete with deliberately created ambiguities. One of the most interesting situations in recent years that illustrates in several important ways the role of deliberate ambiguity in international law is the Two China Problem.

Number of Pages in PDF File: 12

Keywords: Two China Problem, Taiwan Relations Act of 1979, Show of force in the Taiwan Strait (1996), Unilateral Treaty, Ambiguity, Treaties

JEL Classification: K33, K10, K30

Accepted Paper Series





Download This Paper

Date posted: October 22, 2010  

Suggested Citation

D'Amato, Anthony, Purposeful Ambiguity as International Legal Strategy: The Two China Problem (October 19, 2010). THEORY OF INTERNATIONAL LAW AT THE THRESHOLD OF THE 21ST CENTURY: ESSAYS IN HONOUR OF KRZYSZTOF SKUBISZEWSKI, pp. 109-121, Jerzy Makarczyk, ed., Kluwer, 1996; Northwestern Public Law Research Paper No. 10-63. Available at SSRN: http://ssrn.com/abstract=1694863

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
Feedback to SSRN


Paper statistics
Abstract Views: 323
Downloads: 52
Download Rank: 231,569

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.344 seconds