Rethinking Non-Recognition: The EU’s Investment Agreement with Taiwan under the One-China Policy

Leiden Journal of International Law, vol 33:3 (2020), pp. 689-712

Singapore Management University School of Law Research Paper No. 5/2020

24 Pages Posted: 3 Jun 2020

See all articles by Pasha L. Hsieh

Pasha L. Hsieh

Singapore Management University - School of Law

Date Written: March 17, 2020

Abstract

The article reexamines the theories of recognition and non-recognition in the context of the evolving framework of the European Union (EU)’s trade and investment relations with Taiwan from legal and international relations perspectives. Notwithstanding its one-China policy, the EU has developed a pragmatic approach to engaging Taiwan under bilateral consultations and World Trade Organization negotiations that have built the foundation for the bilateral investment agreement (BIA). The article argues that since the 1980s, the EU has accorded diverse forms of recognition to Taiwan and the BIA will buttress the process. To substantiate the contention, the article systemically explores the political and trade policies of European states and EU institutions in line with their strategies toward cross-strait relations.

By deciphering the new momentum that has galvanized the European Commission’s strategy towards the EU-Taiwan BIA, the research sheds light on the implications of European Parliament resolutions and the EU’s investment talks with China. The structure and impact of the BIA are also analyzed in light of EU investment protection agreements with Singapore and Vietnam. Hence, the findings contribute to the interdisciplinary study of international law and international relations and enhance the understanding of the EU’s Asia-Pacific trade and investment agreements.

Suggested Citation

Hsieh, Pasha L., Rethinking Non-Recognition: The EU’s Investment Agreement with Taiwan under the One-China Policy (March 17, 2020). Leiden Journal of International Law, vol 33:3 (2020), pp. 689-712, Singapore Management University School of Law Research Paper No. 5/2020, Available at SSRN: https://ssrn.com/abstract=3555574

Pasha L. Hsieh (Contact Author)

Singapore Management University - School of Law ( email )

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Singapore
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