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• W2076360967 abstract "[ 129 ] book review roundtable • untying the knot Reflections on the Legal Aspects of Untying the Knot Mark Williams The title of Richard Bush’s new book, Untying the Knot: Making Peace in the Taiwan Strait, refers to the quest to resolve the complex political dilemma that has been built up between China and the island of Taiwan for the past 60 years. His analysis reveals that the levels of complexity and subtlety in the composition of this knot are of Gordian proportions. The solution to untying the Gordian knot was uncovered by the ingenuity of Alexander of Macedon, who simply cleft the knot in two with his sword. Would that such a simple, bold, and imaginative stroke could be applied to the Taiwan question; unfortunately, any impulsive move by either side—or by an intermeddler— would likely prove disastrous. A Question of Defining Sovereignty As a long-time resident of Hong Kong—that other part of China that could have resulted in international conflict—the peaceful and satisfactory resolution of the Taiwan question is of no small significance. In March 1996, during the first popular election of a Taiwan president, I traveled to a mainland university. The fervor of rabid nationalism on campus was palpable. In order to sound a warning, Beijing fired missiles targeted just off the coast of Taiwan. One evening while in a student bar, a conversation with my law students was interrupted by a television news broadcast that showed the launching of the mainland missiles. Each time a rocket ignited and took flight, the assembled crowd raised a loud cheer. When I asked the reason for their outburst, they told me in no uncertain terms that it was the sacred duty of every patriotic Chinese to complete the reunification of the motherland, regardless of the cost. When I replied that the use of military force would result in the deaths The reader may recall that Gordias was fortunate enough to become king of Phrygia because he fulfilled the prophecy of being the first man to enter the city in an ox cart. As a libation to the gods, Gordias constructed an intricate knot of cornel bark around the shaft of his ox cart. An oracular prophecy foretold that whosoever loosed the knot would become king of Asia. When faced with the impossibility of untying Gordias’ handiwork, the young and impulsive Alexander of Macedon simply took his sword and sliced through it. As had been foretold, he indeed went on to create the greatest empire that the world had yet seen. Mark Williams is Associate Professor of Law at the Hong Kong Polytechnic University. He holds a PhD from King’s College, University of London, where he studied “nascent competition law” in China, Hong Kong, and Taiwan. Dr. Williams is the author of various articles on commercial law in China and Hong Kong, and recently published a book entitled Competition Policy and Law in China Hong Kong and Taiwan (Cambridge University Press, 2005). He can be reached at . [ 130 ] asia policy of hundreds of thousands, if not millions, of Chinese on both sides of the Strait, I was told that any amount of blood was worth paying to ensure China’s territorial integrity. The crux of the Taiwan knot revolves around the highly emotional legal question of whether the people of Taiwan have a right to self-determination (as written in the charter of the United Nations) or whether they are merely renegades that have illegitimately administered a piece of mainland real estate for the past 60 years. This legal conundrum as to whether Taiwan should be considered a “state” severely complicates diplomatic attempts at negotiation. Beijing insists on its “one China” formulation as a precondition to talks. Taiwan, of course, is loathe to agree to this concession, which would undermine the very status that is the foundation of the dispute: namely, whether Taiwan possesses sovereignty, a term so very difficult to define. The elusive nature of Taiwan’s legal position resembles that of the long-forgotten territorial altercation between the German Confederation and Denmark in the nineteenth century—the Schleswig-Holstein question, of which Viscount Palmerston once quipped that only three men in Europe had ever..." @default.
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• W2076360967 title "Reflections on the Legal Aspects of <i>Untying the Knot</i>" @default.
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