Misplaced Pages

Vienna Convention on the Law of Treaties

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
#689310

149-417:   Parties   Signatories   Non-parties The Vienna Convention on the Law of Treaties ( VCLT ) is an international agreement that regulates treaties among sovereign states . Known as the "treaty on treaties", the VCLT establishes comprehensive, operational guidelines, rules, and procedures for how treaties are drafted, defined, amended, and interpreted. An international treaty

298-436: A preemptory norm ( jus cogens ) , such as permitting a war of aggression or crimes against humanity. A treaty is an official, express written agreement that states use to legally bind themselves. It is also the objective outcome of a ceremonial occasion that acknowledges the parties and their defined relationships. There is no prerequisite of academic accreditation or cross-professional contextual knowledge required to publish

447-506: A province . Taipei became the permanent capital in 1893. Liu's efforts to increase revenues on Taiwan's produce were hampered by foreign pressure not to increase levies. A land reform was implemented, increasing revenue which still fell short of expectation. Modern technologies such as electric lighting, a railway, telegraph lines, steamship service, and industrial machinery were introduced under Liu's governance, but several of these projects had mixed results. A campaign to formally subjugate

596-542: A treaty as "an international agreement concluded between [sovereign] states in written form and governed by international law", and affirms that "every state possesses the capacity to conclude treaties." Article 1 of the VCLT restricts the application of the convention to written treaties between states, excluding treaties concluded between the states and international organizations or between international organizations. Article 11 defines "means of expressing consent to be bound by

745-407: A "manifest violation" is required such that it would be "objectively evident to any State dealing with the matter". A strong presumption exists internationally that a head of state has acted within his proper authority. It seems that no treaty has ever actually been invalidated on this provision. Consent is also invalid if it was given by a representative acting outside their restricted powers during

894-667: A Japanese expedition was sent to survey Taiwan. After being attacked by the Indigenous people, they took some prisoners and returned home. In 1616, a Japanese fleet of 13 ships were sent to Taiwan. Due to a storm, only one ship made it there and is presumed to have returned to Japan. In 1624, the Dutch East India Company (VOC) established Fort Zeelandia on the coastal islet of Tayouan (in modern Tainan ). The lowland areas were occupied by 11 Indigenous chiefdoms , some of which fell under Dutch control, including

1043-492: A Republic, and to distribute land equally among the people." Revolutionary leader Sun Yat-sen proposed the name Chunghwa Minkuo as the assumed name of the new country when the revolution succeeded. During the 1950s and 1960s, after the ROC government had withdrawn to Taiwan, it was commonly referred to as "Nationalist China" (or " Free China ") to differentiate it from "communist China" (or " Red China "). Over subsequent decades,

1192-516: A binding international agreement on several grounds. For example, the Japan–Korea treaties of 1905, 1907, and 1910 were protested by several governments as having been essentially forced upon Korea by Japan; they were confirmed as "already null and void " in the 1965 Treaty on Basic Relations between Japan and the Republic of Korea . If an act or lack thereof is condemned under international law,

1341-499: A change is sufficient if unforeseen, if it undermined the "essential basis" of consent by a party if it radically transforms the extent of obligations between the parties, and if the obligations are still to be performed. A party cannot base this claim on change brought about by its own breach of the treaty. This claim also cannot be used to invalidate treaties that established or redrew political boundaries. Cartels ("Cartells", "Cartelle" or "Kartell-Konventionen" in other languages) were

1490-526: A democracy. Chiang Ching-kuo , Chiang Kai-shek's son, served as premier from 1972 and rose to the presidency in 1978. He sought to move more authority to " bensheng ren " (residents of Taiwan before Japan's surrender and their descendants). Pro-democracy activists Tangwai emerged as the opposition. In 1979, the Kaohsiung Incident took place in Kaohsiung on Human Rights Day . Although

1639-734: A general dispute resolution mechanism, many treaties specify a process outside the convention for arbitrating disputes and alleged breaches. This may by a specially convened panel, by reference to an existing court or panel established for the purpose such as the International Court of Justice , the European Court of Justice or processes such as the Dispute Settlement Understanding of the World Trade Organization . Depending on

SECTION 10

#1732772422690

1788-469: A general framework for the development of binding greenhouse gas emission limits, followed by the Kyoto Protocol contained the specific provisions and regulations later agreed upon. Treaties may be seen as "self-executing", in that merely becoming a party puts the treaty and all its obligations in action. Other treaties may be non-self-executing and require "implementing legislation"—a change in

1937-650: A good proportion of islanders and re-privatizing businesses. After the end of World War II, the Chinese Civil War resumed. A series of Chinese Communist offensives in 1949 led to the capture of its capital Nanjing on 23 April and the subsequent defeat of the Nationalists on the mainland. The Communists founded the People's Republic of China on 1 October. On 7 December 1949, Chiang Kai-Shek evacuated his Nationalist government to Taiwan and made Taipei

2086-951: A name for the island, or the part of it closest to Penghu . Elsewhere, the name was used for the Ryukyu Islands in general or Okinawa specifically; the name Ryūkyū is the Japanese form of Liúqiú . The name also appears in the Book of Sui (636) and other early works, but scholars cannot agree on whether these references are to the Ryukyus, Taiwan or even Luzon . The name Formosa ( 福爾摩沙 ) dates from 1542, when Portuguese sailors noted it on their maps as Ilha Formosa ( Portuguese for " beautiful island "). The name Formosa eventually "replaced all others in European literature" and remained in common use among English speakers into

2235-510: A previous treaty or international agreement. A protocol can amend the previous treaty or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol, and this is sometimes made explicit, especially where many parties to the first agreement do not support the protocol. A notable example is the United Nations Framework Convention on Climate Change (UNFCCC), which established

2384-522: A rebellion" (三年一反、五年一亂), primarily in reference to the period between 1820 and 1850. Many officials stationed in Taiwan called for an active colonization policy over the 19th century. In 1788, Taiwan Prefect Yang Tingli supported the efforts of a settler named Wu Sha to claim land held by the Kavalan people . In 1797, Wu Sha was able to recruit settlers with financial support from the local government but

2533-404: A single very long sentence formatted into multiple paragraphs for readability, in which each of the paragraphs begins with a gerund (desiring, recognizing, having, etc.). The High Contracting Parties—referred to as either the official title of the head of state (but not including the personal name), e.g. His Majesty The King of X or His Excellency The President of Y , or alternatively in

2682-464: A special kind of treaty within the international law of the 17th to 19th centuries. Their purpose was to regulate specific activities of common interest among contracting states that otherwise remained rivals in other areas. They were typically implemented on an administrative level . Similar to the cartels for duels and tournaments , these intergovernmental accords represented fairness agreements or gentlemen's agreements between states . In

2831-659: A specified authority or organization (commonly the United Nations General Assembly or an institution created by the treaty in question) can also participate, thus making the scope of potential signatories even broader. The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or the International Atomic Energy Agency or parties to

2980-529: A surplus of $ 46.5 million. Along with Hong Kong, Singapore, and South Korea, Taiwan became known as one of the Four Asian Tigers . Because of the Cold War, most Western nations and the United Nations regarded the ROC as the sole legitimate government of China until the 1970s. Eventually, especially after Taiwan's expulsion from the United Nations , most nations switched diplomatic recognition to

3129-464: A treaty requires implementing legislation, a state may default on its obligations due to its legislature failing to pass the necessary domestic laws. The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear, or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted "in good faith" according to

SECTION 20

#1732772422690

3278-469: A treaty" including ratification , acceptance, approval or accession. Article 26 defines pacta sunt servanda , that agreements must be kept; Article 53 defines jus cogens , peremptory norm ; Article 62 defines Fundamental Change of Circumstance , which determines the validity or invalidity of a treaty; and Article 77 defines depositary , the organisation or person who holds a multilateral treaty. The Vienna Convention applies only to treaties agreed after

3427-507: A treaty") by a state that was not involved in its negotiation. Usually, accessions occur only after the treaty has entered into force, but the UN Secretary-General has occasionally accepted accessions even before a treaty went into force. The only downside of not being a negotiating state is that one has no influence over the contents of a treaty, but one is still allowed to declare reservations concerning specific provisions of

3576-455: A treaty, the eschatocol (or closing protocol), is often signaled by language such as "in witness whereof" or "in faith whereof", followed by the words "DONE at", then the site(s) of the treaty's execution and the date(s) of its execution. The date is typically written in its most formal, non-numerical form; for example, the Charter of the United Nations reads "DONE at the city of San Francisco

3725-400: A treaty. However, since the late 19th century, most treaties have followed a fairly consistent format. A treaty typically begins with a preamble describing the "High Contracting Parties" and their shared objectives in executing the treaty, as well as summarizing any underlying events (such as the aftermath of a war in the case of a peace treaty ). Modern preambles are sometimes structured as

3874-495: A treaty. For example, within the United States, agreements between states are compacts and agreements between states and the federal government or between agencies of the government are memoranda of understanding . Another situation can occur when one party wishes to create an obligation under international law, but the other party does not. This factor has been at work with respect to discussions between North Korea and

4023-512: A two-year grace period, which few saw as feasible. Estimates say around 4,000 to 6,000 departed before the expiration of the grace period, and 200,000 to 300,000 followed during the subsequent disorder. On 25 May 1895, a group of pro-Qing high officials proclaimed the Republic of Formosa to resist impending Japanese rule. Japanese forces entered the capital at Tainan and quelled this resistance on 21 October 1895. About 6,000 inhabitants died in

4172-478: Is a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations, and became increasingly common and more sophisticated during the early modern era . The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by the widespread use of treaties. The 1969 Vienna Convention on

4321-490: Is a written agreement between countries subject to international law that stipulates their consent to the creation, alteration, or termination of their rights and obligations, as stipulated in the treaty. The Vienna Convention on the Law of Treaties was adopted and opened to signature on 23 May 1969, became effective on 27 January 1980, and has been ratified by 116 sovereign states as of January 2018. Non-ratifying parties, such as

4470-510: Is claimed by the PRC, which refuses to establish diplomatic relations with countries that recognise the ROC. Taiwan maintains official diplomatic relations with 11 out of 193 UN member states and the Holy See . Many others maintain unofficial diplomatic ties through representative offices and institutions that function as de facto embassies and consulates . International organizations in which

4619-572: Is contentious. Despite being a founding member, the ROC no longer represents China as a member of the United Nations after UN members voted in 1971 to recognize the PRC instead. The ROC maintained its claim of being the sole legitimate representative of China and its territory until 1991, when it ceased to regard the Chinese Communist Party as a rebellious group and acknowledged its control over mainland China. Taiwan

Vienna Convention on the Law of Treaties - Misplaced Pages Continue

4768-412: Is formed by Taipei (the capital), New Taipei City , and Keelung . With around 23.9 million inhabitants, Taiwan is among the most densely populated countries . Taiwan has been settled for at least 25,000 years. Ancestors of Taiwanese indigenous peoples settled the island around 6,000 years ago. In the 17th century, large-scale Han Chinese immigration began under a Dutch colony and continued under

4917-514: Is the "Republic of China". Shortly after the ROC's establishment in 1912, while it was still located on the Chinese mainland, the government used the short form "China" ( Zhōngguó , 中國 ) to refer to itself, derived from zhōng ("central" or "middle") and guó ("state, nation-state"). The term developed under the Zhou dynasty in reference to its royal demesne , and was then applied to

5066-465: The 2011 Istanbul Convention and specifically allowed the European Union (described as an "International Organisation", rather than a "State") to sign and ratify the convention, rather than accede to it, and "other non-member States" were allowed only accession. The act of signing and ratifying a treaty as a negotiating state has the same effect as the act of acceding to a treaty (or "acceding

5215-736: The East and South China Seas in the northwestern Pacific Ocean , with the People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the south. It has an area of 35,808 square kilometres (13,826 square miles), with mountain ranges dominating the eastern two-thirds and plains in the western third, where its highly urbanized population is concentrated. The combined territories under ROC control consist of 168 islands in total covering 36,193 square kilometres (13,974 square miles). The largest metropolitan area

5364-485: The Formosa Air Battle was fought between American carriers and Japanese forces in Taiwan. Over 200,000 of Taiwanese served in the Japanese military , with over 30,000 casualties. Over 2,000 women, euphemistically called " comfort women ", were forced into sexual slavery for Imperial Japanese troops. After Japan's surrender , most Japanese residents were expelled . While Taiwan was under Japanese rule,

5513-469: The International Court of Justice . This was done to prevent the practice of secret treaties , which proliferated in the 19th and 20th centuries and often precipitated or exacerbated conflict. Article 103 of the Charter also states that its members' obligations under the Charter outweigh any competing obligations under other treaties. After their adoption, treaties, as well as their amendments, must follow

5662-540: The International Criminal Court and the United Nations , for which they often provide a governing framework. Treaties serve as primary sources of international law and have codified or established most international legal principles since the early 20th century. In contrast with other sources of international law, such as customary international law , treaties are only binding on the parties that have signed and ratified them. Notwithstanding

5811-627: The International Law Commission (ILC). The interpretational principles codified in Article 31 are to be used before applying those of Article 32, which explicitly states that it offers supplementary means of interpretation. The European Court of Justice has also applied the interpretational provisions of the VCLT in different cases, including the Bosphorus Queen Case (2018), in which the court interpreted

5960-582: The Kingdom of Middag . When the Dutch arrived, southwestern Taiwan was already frequented by a mostly transient Chinese population numbering close to 1,500. The VOC encouraged Chinese farmers to immigrate and work the lands under Dutch control and by the 1660s, some 30,000 to 50,000 Chinese were living on the island. Most of the farmers cultivated rice for local consumption and sugar for export while some immigrants engaged in deer hunting for export. In 1626,

6109-703: The Kingdom of Tungning , the first predominantly Han Chinese state in Taiwanese history . The island was annexed in 1683 by the Qing dynasty of China and ceded to the Empire of Japan in 1895. The Republic of China , which had overthrown the Qing in 1912 under the leadership of Sun Yat-sen , took control following the surrender of Japan in 1945. The immediate resumption of the Chinese Civil War resulted in

Vienna Convention on the Law of Treaties - Misplaced Pages Continue

6258-427: The Philippines were launched from Taiwan. The Imperial Japanese Navy operated heavily from Taiwanese ports, and its think tank " South Strike Group " was based at Taihoku Imperial University . Military bases and industrial centers, such as Kaohsiung and Keelung , became targets of heavy Allied bombings , which destroyed many of the factories, dams, and transport facilities built by the Japanese. In October 1944,

6407-532: The Plains Indigenous peoples rarely rebelled against the government and the mountain Indigenous peoples were left to their own devices until the last 20 years of Qing rule. Most of the more than 100 rebellions during the Qing period, such as the Lin Shuangwen rebellion , were caused by Han settlers. Their frequency was evoked by the common saying "every three years an uprising, every five years

6556-604: The Republic of China was founded on mainland China on 1 January 1912 following the Xinhai Revolution of 1911. Central authority waxed and waned in response to warlordism (1915–28), Japanese invasion (1937–45), and the Chinese Civil War (1927–49), with central authority strongest during the Nanjing decade (1927–37), when most of China came under the control of the Kuomintang (KMT). During World War II ,

6705-623: The Ryukyu Islands 30,000 years ago. Slash-and-burn agriculture practices started at least 11,000 years ago. Stone tools of the Changbin culture have been found in Taitung and Eluanbi . Archaeological remains suggest they were initially hunter-gatherers that slowly shifted to intensive fishing. The distinct Wangxing culture , found in Miaoli County , were initially gatherers who shifted to hunting. Around 6,000 years ago, Taiwan

6854-596: The Single Convention on Narcotic Drugs provides that the treaty will terminate if, as a result of denunciations, the number of parties falls below 40. Many treaties expressly forbid withdrawal. Article 56 of the Vienna Convention on the Law of Treaties provides that where a treaty is silent over whether or not it can be denounced there is a rebuttable presumption that it cannot be unilaterally denounced unless: The possibility of withdrawal depends on

7003-589: The Spanish Empire occupied northern Taiwan as a trading base, first at Keelung and in 1628 building Fort Santo Domingo at Tamsui . This colony lasted until 1642, when the last Spanish fortress fell to Dutch forces. The Dutch then marched south, subduing hundreds of villages in the western plains. Following the fall of the Ming dynasty in Beijing in 1644, Koxinga (Zheng Chenggong) pledged allegiance to

7152-537: The Taiwan Area , and Taiwan underwent a process of localization in which Taiwanese culture and history were promoted over a pan-China viewpoint while assimilationist policies were replaced with support for multiculturalism . In 1996, Lee was re-elected in the first direct presidential election . During Lee's administration, both he and his party were involved in corruption controversies that came to be known as " black gold " politics. Chen Shui-bian of

7301-400: The Vienna Convention on the Law of Treaties if the representative is the head of state, head of government or minister of foreign affairs , no special document is needed, as holding such high office is sufficient. The end of the preamble and the start of the actual agreement is often signaled by the words "have agreed as follows". After the preamble comes numbered articles, which contain

7450-475: The White Terror , as the period is known, 140,000 people were imprisoned or executed for being perceived as anti-KMT or pro-Communist. Many citizens were arrested, tortured, imprisoned or executed for their real or perceived link to the Chinese Communist Party. Since these people were mainly from the intellectual and social elite, an entire generation of political and social leaders was destroyed. Following

7599-554: The Yongli Emperor and attacked the Qing dynasty along the southeastern coast of China. In 1661, under increasing Qing pressure, he moved his forces from his base in Xiamen to Taiwan, expelling the Dutch the following year. The Dutch retook the northern fortress at Keelung in 1664, but left the island in 1668 in the face of indigenous resistance. The Zheng regime, known as the Kingdom of Tungning , proclaimed its loyalty to

SECTION 50

#1732772422690

7748-477: The Zhu Yigui settler rebellion in 1722, separation of aboriginals and settlers became official policy via 54 stelae used to mark the frontier boundary. The markings were changed four times over the latter half of the 18th century due to continued settler encroachment. Two aboriginal affairs sub-prefects, one for the north and one for the south, were appointed in 1766. During the 200 years of Qing rule in Taiwan,

7897-589: The international community . Accordingly, to allow for as wide a participation as possible, several conventions then provided that they were also open for participation to state members of specialized agencies. The type of entry-into-force clause used in the Vienna Convention on the Law of Treaties was later called the "Vienna formula," and various treaties, conventions and organizations used its wording. Some treaties that use it include provisions that in addition to these States any other State invited by

8046-451: The temporary capital of the ROC. Some 2 million people, mainly soldiers, members of the ruling Kuomintang and intellectual and business elites, were evacuated to Taiwan, adding to the earlier population of approximately six million. These people and their descendants became known in Taiwan as " waisheng ren " ( 外省人 ). The ROC government took to Taipei many national treasures and much of China's gold and foreign currency reserves. Most of

8195-404: The "ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose". International legal experts also often invoke the "principle of maximum effectiveness", which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties. No one party to a treaty can impose its particular interpretation of

8344-564: The 1943 Cairo Declaration specified that Formosa and the Pescadores be returned by Japan to the ROC; the terms were later repeated in the 1945 Potsdam Declaration that Japan agreed to carry out in its instrument of surrender . On 25 October 1945 , Japan surrendered Taiwan to the ROC, and in the Treaty of San Francisco , Japan formally renounced their claims to the islands, though without specifying to whom they were surrendered. In

8493-549: The 1950s and were defeated by Communists in 1961 . Since losing control of mainland China, the Kuomintang continued to claim sovereignty over 'all of China', which it defined to include mainland China (including Tibet), Taiwan (including Penghu), Outer Mongolia , and other minor territories . Martial law , declared on Taiwan in May 1949, continued to be in effect until 1987, and was used to suppress political opposition. During

8642-485: The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations if it enters into force. Furthermore, in treaties between states and international organizations, the terms of the Convention still apply between the state members. The Convention does not apply to unwritten agreements. As of January 2018, there are 116 state parties that have ratified

8791-401: The 20th century. In 1603, a Chinese expedition fleet anchored at a place in Taiwan called Dayuan, a variant of "Taiwan". In the early 17th century, the Dutch East India Company established a commercial post at Fort Zeelandia (modern-day Anping ) on a coastal sandbar called "Tayouan", after their ethnonym for a nearby Taiwanese aboriginal tribe, possibly Taivoan people . This name

8940-767: The DPP was elected as the first non-KMT president in 2000 . However, Chen lacked legislative majority. The opposition KMT developed the Pan-Blue Coalition with other parties, mustering a slim majority over the DPP-led Pan-Green Coalition . Polarized politics emerged in Taiwan with the Pan-Blue preference for eventual Chinese unification , while the Pan-Green prefers Taiwanese independence . Chen's reference to " One Country on Each Side " of

9089-497: The Indigenous peoples ended with the loss of a third of the army after fierce resistance from the Mkgogan and Msbtunux peoples. Liu resigned in 1891 due to criticism of these costly projects. By the end of the Qing period, the western plains were fully developed as farmland with about 2.5 million Chinese settlers. The mountainous areas were still largely autonomous under the control of Indigenous peoples. Indigenous land loss under

SECTION 60

#1732772422690

9238-648: The Law of Treaties codified these practices and established rules and guidelines for creating, amending, interpreting, and terminating treaties, and for resolving disputes and alleged breaches. Treaties are roughly analogous to contracts in that they establish the rights and binding obligations of the parties. They vary significantly in form, substance, and complexity and govern a wide variety of matters, such as security, trade, environment, and human rights. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). They may also be used to establish international institutions, such as

9387-427: The Law of Treaties and customary international law , treaties are not required to follow any standard form. Nevertheless, all valid treaties must comply with the legal principle of pacta sunt servanda (Latin: "agreements must be kept"), under which parties are committed to perform their duties and honor their agreements in good faith . A treaty may also be invalidated, and thus rendered unenforceable, if it violates

9536-844: The Legislative Yuan and prevented the ratification of the Cross-Strait Service Trade Agreement in what became known as the Sunflower Student Movement . The movement gave rise to youth-based third parties such as the New Power Party , and is viewed to have contributed to the DPP's victories in the 2016 presidential and legislative elections , the latter of which resulted in the first DPP legislative majority in Taiwanese history. In January 2024, William Lai Ching-te of

9685-479: The Musha Incident of 1930. Intellectuals and laborers who participated in left-wing movements were also arrested and massacred (e.g. Chiang Wei-shui and Masanosuke Watanabe ). Around 1935, the Japanese began an island-wide assimilation project . Chinese-language newspapers and curriculums were abolished. Taiwanese music and theater were outlawed. A national Shinto religion was promoted in parallel with

9834-519: The PRC participates either refuse to grant membership to Taiwan or allow it to participate on a non-state basis. Domestically, the major political contention is between parties favoring eventual Chinese unification and promoting a pan-Chinese identity, contrasted with those aspiring to formal international recognition and promoting a Taiwanese identity ; in the 21st century, both sides have moderated their positions to broaden their appeal. In his Daoyi Zhilüe (1349), Wang Dayuan used " Liuqiu " as

9983-501: The PRC under a policy of " mutual non-denial ". Under Ma, Taiwan and China opened up direct flights and cargo shipments. The PRC government even made the atypical decision to not demand that Taiwan be barred from the annual World Health Assembly . Ma also made an official apology for the White Terror. However, closer economic ties with China raised concerns about its political consequences. In 2014, university students occupied

10132-406: The PRC. Until the 1970s, the ROC government was regarded by Western critics as undemocratic for upholding martial law, severely repressing any political opposition, and controlling the media. The KMT did not allow the creation of new parties and competitive democratic elections did not exist. From the late 1970s to the 1990s, Taiwan underwent political and social reforms that transformed it into

10281-494: The Qing administration into acculturated aborigines who had adopted Han culture and non-acculturated aborigines who had not. The Qing did little to administer or subjugate them. When Taiwan was annexed, there were 46 aboriginal villages under its control, likely inherited from the Kingdom of Tungning. During the early Qianlong period there were 93 acculturated villages and 61 non-acculturated villages that paid taxes. In response to

10430-528: The Qing occurred at a relatively slow pace due to the absence of state-sponsored land deprivation for the majority of Qing rule. Following the Qing defeat in the First Sino-Japanese War (1894–1895), Taiwan, its associated islands, and the Penghu archipelago were ceded to Japan by the Treaty of Shimonoseki . Inhabitants wishing to remain Qing subjects had to move to mainland China within

10579-519: The ROC transitioned from a one-party state under martial law to a multi-party democracy , with democratically elected presidents beginning in 1996 . Taiwan's export-oriented economy is the 21st-largest in the world by nominal GDP and the 20th-largest by PPP measures, with a focus on steel, machinery, electronics, and chemicals manufacturing. Taiwan is a developed country . It is ranked highly in terms of civil liberties , healthcare , and human development . The political status of Taiwan

10728-537: The Republic of China has become commonly known as "Taiwan", after the main island. To avoid confusion, the ROC government in Taiwan began to put "Taiwan" next to its official name in 2005. In ROC government publications, the name is written as "Republic of China (Taiwan)", "Republic of China/Taiwan", or sometimes "Taiwan (ROC)". "Taiwan Area" was defined to mean the island of Taiwan, Penghu, Kinmen, Matsu, and other territory under ROC's effective control, in contrast to "Mainland Area" which refers to ROC territory outside

10877-868: The South China Sea . The ROC also briefly retained control of the entirety of Hainan , parts of Zhejiang ( Chekiang )—specifically the Dachen Islands and Yijiangshan Islands —and portions of Tibet , Qinghai , Xinjiang and Yunnan . The Communists captured Hainan in 1950, captured the Dachen Islands and Yijiangshan Islands during the First Taiwan Strait Crisis in 1955 and defeated the ROC revolts in Northwest China in 1958. ROC forces entered Burma and Thailand in

11026-728: The Statute of the International Court of Justice , and by any other State invited by the General Assembly of the United Nations to become a party to the Convention, as follows: until 30 November 1969, at the Federal Ministry for Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970, at United Nations Headquarters, New York. Articles 31-33 of the VCLT entail principles for interpreting conventions, treaties, etc. These principles are recognized as representing customary international law, for example by

11175-590: The Swiss ("on the one part") and the EU and its member states ("on the other part"). The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU and its member states. A multilateral treaty is concluded among several countries, establishing rights and obligations between each party and every other party. Multilateral treaties may be regional or may involve states across

11324-572: The Taiwan Area and under Chinese Communist control. The Republic of China participates in most international forums and organizations under the name " Chinese Taipei " as a compromise with the People's Republic of China (PRC). For instance, it is the name under which it has participated in the Olympic Games as well as the APEC . "Taiwan authorities" is sometimes used by the PRC to refer to

11473-605: The Taiwan Strait undercut cross-Strait relations in 2002. He pushed for the first national referendum on cross-Strait relations, and called for an end to the National Unification Council . State-run companies began dropping "China" references in their names and including "Taiwan". In 2008, referendums asked whether Taiwan should join the UN. This act alienated moderate constituents who supported

11622-515: The U.S, have recognized parts of the VCLT as a restatement of customary international law . In treaty law, the VCLT is the authority for resolving disputes about the interpretation of a treaty. The Vienna Convention on the Law of Treaties (VCLT) was drafted by the International Law Commission (ILC) of the United Nations, which began work on the convention in 1949. During the 20 years of preparation, several draft versions of

11771-609: The United Nations or become Parties to the Statute of the International Court of Justice because of the opposition for political reasons of a permanent member of the Security Council or have not applied for ICJ or UN membership. Since that difficulty did not arise as concerns membership in the specialized agencies , on which there is no "veto" procedure, a number of those States became members of specialized agencies and so were in essence recognized as States by

11920-465: The United States over security guarantees and nuclear proliferation . The definition of the English word "treaty" varies depending on the legal and political context; in some jurisdictions, such as the United States, a treaty is specifically an international agreement that has been ratified, and thus made binding, per the procedures established under domestic law. While the Vienna Convention provides

12069-638: The United States, cartels governed humanitarian actions typically carried out by cartel ships were dispatched for missions, such as to carry communications or prisoners between belligerents . From the European history, a broader range of purposes is known. These "cartels" often reflected the cohesion of authoritarian ruling classes against their own unruly citizens. Generally, the European governments concluded - while curbing their mutual rivalries partially - cooperation agreements, which should apply generally or only in case of war: The measures against criminals and unruly citizens were to be conducted regardless of

12218-570: The VCLT was ratified, and to treaties agreed between sovereign states, but does not govern other agreements between sovereign states and international organizations , or between international organizations, if any VCLT rules are independently binding upon such international organizations. In practise, Article 2 and Article 5 of the Vienna Convention apply to treaties between sovereign states and an intergovernmental organization. However, agreements between states and international organizations or between international organizations themselves are governed by

12367-417: The act will not assume international legality even if approved by internal law. This means that in case of a conflict with domestic law, international law will always prevail. A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under that state's domestic laws . States are reluctant to inquire into the internal affairs and processes of other states, and so

12516-575: The area around Luoyi (present-day Luoyang ) during the Eastern Zhou and later to China's Central Plain , before being used as an occasional synonym for the state during the Qing era. The name of the republic had stemmed from the party manifesto of the Tongmenghui in 1905, which says the four goals of the Chinese revolution was "to expel the Manchu rulers, to revive Chunghwa , to establish

12665-496: The capital. The Qing government generally tried to restrict migration to Taiwan throughout the duration of its administration because it believed that Taiwan could not sustain too large a population without leading to conflict. After the defeat of the Kingdom of Tungning, most of its population in Taiwan was sent back to the mainland, leaving the official population count at only 50,000, including 10,000 troops. Despite official restrictions, officials in Taiwan solicited settlers from

12814-520: The colonization of the area but were ignored. The Qing took on a more active colonization policy after 1874 when Japan invaded Indigenous territory in southern Taiwan and the Qing government was forced to pay an indemnity for them to leave. The administration of Taiwan was expanded with new prefectures, sub-prefectures, and counties. Mountain roads were constructed to make inner Taiwan more accessible. Restrictions on entering Taiwan were ended in 1875 and agencies for recruiting settlers were established on

12963-518: The content of the treaty itself. Invalidation is separate from withdrawal, suspension, or termination (addressed above), which all involve an alteration in the consent of the parties of a previously valid treaty rather than the invalidation of that consent in the first place. Republic of China Taiwan , officially the Republic of China ( ROC ), is a country in East Asia . The main island of Taiwan , also known as Formosa , lies between

13112-570: The convention and commentaries were prepared by special rapporteurs of the ILC, which included prominent international law scholars James Brierly , Hersch Lauterpacht , Gerald Fitzmaurice , and Humphrey Waldock . In 1966, the ILC adopted 75 draft articles, which formed the basis for its final work. Over two sessions in 1968 and 1969, the Vienna Conference completed the convention, which was adopted on 22 May 1969 and opened for signature on

13261-529: The convention, and a further 15 states have signed but have not ratified the convention. In addition, the Republic of China (Taiwan), which is currently recognized by only 11 UN member states , signed the Convention in 1970 prior to the UN General Assembly 's 1971 vote to transfer China's seat to the People's Republic of China , which subsequently acceded to the convention. There are 66 UN member states that have neither signed nor ratified

13410-459: The convention. International treaties and conventions contain rules about what entities could sign , ratify or accede to them. Some treaties are restricted to states that are members of the UN or parties to the Statute of the International Court of Justice . In rare cases, there is an explicit list of the entities that the treaty is restricted to. More commonly, the aim of the negotiating states (most or all of which usually end up becoming

13559-409: The dates on which the respective parties ratified the treaty and on which it came into effect for each party. Bilateral treaties are concluded between two states or entities. It is possible for a bilateral treaty to have more than two parties; for example, each of the bilateral treaties between Switzerland and the European Union (EU) has seventeen parties: The parties are divided into two groups,

13708-625: The development of textile, food, and other labor-intensive industries. As the Chinese Civil War continued, the government built up military fortifications throughout Taiwan. Veterans built the Central Cross-Island Highway through the Taroko Gorge in the 1950s. During the Second Taiwan Strait Crisis in 1958, Nike Hercules missiles were added to the formation of missile batteries throughout

13857-418: The domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes. The division between the two is often unclear and subject to disagreements within a government, since a non-self-executing treaty cannot be acted on without the proper change in domestic law; if

14006-977: The eruption of the Korean War , US President Harry S. Truman dispatched the United States Seventh Fleet into the Taiwan Strait to prevent hostilities between the ROC and the PRC. The United States also passed the Sino-American Mutual Defense Treaty and the Formosa Resolution of 1955 , granting substantial foreign aid to the KMT regime between 1951 and 1965. The US foreign aid stabilized prices in Taiwan by 1952. The KMT government instituted many laws and land reforms that it had never effectively enacted on mainland China. Economic development

14155-520: The expropriation of businesses into government-operated monopolies, and the hyperinflation of 1945–1949. The shooting of a civilian on 28 February 1947 triggered island-wide unrest, which was suppressed with military force in what is now called the February 28 Incident . Mainstream estimates of the number killed range from 18,000 to 30,000. Chen was later replaced by Wei Tao-ming , who made an effort to undo previous mismanagement by re-appointing

14304-662: The extent of the term "any resources" in Article ;220(6) of UNCLOS . The VCLT is often relied upon in investment arbitration cases. Treaty A treaty is a formal, legally binding written agreement concluded by sovereign states in international law . International organizations can also be party to an international treaty. A treaty is binding under international law. A treaty may also be known as an international agreement , protocol , covenant , convention , pact , or exchange of letters , among other terms. However, only documents that are legally binding on

14453-407: The following day. In the practices of international law, the Vienna Convention on the Law of Treaties is the legal authority about the formation and effects of a treaty. The legal standing of the VCLT is recognised by non-signator countries, such as the U.S. and India, as legally binding upon all sovereign states who have recognised the customary-law status of the Vienna Convention. The VCLT defines

14602-407: The form of " Government of Z "—are enumerated, along with the full names and titles of their plenipotentiary representatives; a boilerplate clause describes how each party's representatives have communicated (or exchanged) their "full powers" (i.e., the official documents appointing them to act on behalf of their respective high contracting party) and found them in good or proper form. However, under

14751-525: The founding signatories) is that the treaty is not restricted to particular states and so a wording like "this treaty is open for signature to States willing to accept its provisions" is used (the "all states formula"). In the case of regional organizations, such as the Council of Europe or the Organization of American States , the set of negotiating states that once agreed upon may sign and ratify

14900-527: The gold was used to pay soldiers' salaries, with some used to issue the New Taiwan dollar , part of a price stabilization program to slow inflation in Taiwan. After losing control of mainland China in 1949, the ROC retained control of Taiwan and Penghu ( Taiwan, ROC ), parts of Fujian ( Fujian, ROC )—specifically Kinmen, Wuqiu (now part of Kinmen) and the Matsu Islands and two major islands in

15049-577: The government in Taiwan. Taiwan was joined to the Asian mainland in the Late Pleistocene , until sea levels rose about 10,000 years ago. Human remains and Paleolithic artifacts dated 20,000 to 30,000 years ago have been found. Study of the human remains suggested they were Australo-Papuan people similar to Negrito populations in the Philippines. Paleolithic Taiwanese likely settled

15198-566: The initial fighting and some 14,000 died in the first year of Japanese rule. Another 12,000 "bandit-rebels" were killed from 1898 to 1902. Subsequent rebellions against the Japanese (the Beipu uprising of 1907, the Tapani incident of 1915, and the Musha incident of 1930) were unsuccessful but demonstrated opposition to Japanese rule. The colonial period was instrumental to the industrialization of

15347-416: The island's most important trading center and served as its capital until 1887. Use of the current Chinese name ( 臺灣 / 台灣 ) became official as early as 1684 during the Qing dynasty with the establishment of Taiwan Prefecture centered in modern-day Tainan . Through its rapid development the entire Taiwanese mainland eventually became known as "Taiwan". The official name of the country in English

15496-434: The island, with its expansion of railways and other transport networks, the building of an extensive sanitation system, the establishment of a formal education system , and an end to the practice of headhunting . The resources of Taiwan were used to aid the development of Japan. The production of cash crops such as sugar greatly increased, and large areas were therefore diverted from the production of rice. By 1939, Taiwan

15645-483: The island. During the 1960s and 1970s, the ROC maintained an authoritarian, single-party government under the Kuomintang's Dang Guo system while its economy became industrialized and technology-oriented. This rapid economic growth, known as the Taiwan Miracle , occurred following a strategy of prioritizing agriculture, light industries, and heavy industries, in that order. Export-oriented industrialization

15794-400: The legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification, i.e., "a party cannot add a reservation after it has already joined a treaty". Article 19 of the Vienna Convention on the law of Treaties in 1969. Originally, international law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted

15943-404: The legal obligations of states, one party to the original treaty and one party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of

16092-434: The legal obligations under the treaty. Minor corrections to a treaty may be adopted by a procès-verbal ; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e., where the text adopted does not correctly reflect the intention of the parties adopting it. In international law and international relations, a protocol is generally a treaty or international agreement that supplements

16241-462: The loss of the Chinese mainland to Communist forces , who established the People's Republic of China and the flight of the ROC central government to Taiwan in 1949. The effective jurisdiction of the ROC has since been limited to Taiwan, Penghu , and smaller islands. The early 1960s saw rapid economic growth and industrialization called the " Taiwan Miracle ". In the late 1980s and early 1990s,

16390-675: The main island of Taiwan. After Chiang Ching-kuo's death in 1988, Lee Teng-hui became the first president of the ROC born in Taiwan. Lee's administration oversaw a period of democratization in which the Temporary Provisions against the Communist Rebellion were abolished and the Additional Articles of the Constitution were introduced. Congressional representation was allocated to only

16539-523: The mainland, but efforts to promote settlement ended soon after. In 1884, Keelung in northern Taiwan was occupied during the Sino-French War but the French forces failed to advance any further inland while their victory at Penghu in 1885 resulted in disease and retreat soon afterward as the war ended. Colonization efforts were renewed under Liu Mingchuan . In 1887, Taiwan's status was upgraded to

16688-612: The mainland, causing tens of thousands of annual arrivals by 1711. A permit system was officially recorded in 1712, but it likely existed as early as 1684; its restrictions included only allowing those to enter who had property on the mainland, family in Taiwan, and who were not accompanied by wives or children. Many of the male migrants married local Indigenous women. Over the 18th century, restrictions were relaxed. In 1732, families were allowed to move to Taiwan. By 1811, there were more than two million Han settlers in Taiwan, and profitable sugar and rice production industries provided exports to

16837-512: The mainland. In 1875, restrictions on entering Taiwan were repealed. Three counties nominally covered the entire western plains, but actual control was restricted to a smaller area. A government permit was required for settlers to go beyond the Dajia River . Qing administration expanded across the western plains area over the 18th century due to continued illegal crossings and settlement. The Taiwanese Indigenous peoples were categorized by

16986-445: The meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself. One significant part of treaty-making is that signing a treaty implies a recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law. Hence, nations can be very careful about terming an agreement to be

17135-434: The nationality and origin of the relevant persons. If necessary, national borders could be crossed by police forces of the respective neighboring country for capture and arrest . In the course of the 19th century, the term "cartel" (or "Cartell") gradually disappeared for intergovernmental agreements under international law. Instead, the term "convention" was used. An otherwise valid and agreed upon treaty may be rejected as

17284-411: The negotiations, if the other parties to the treaty were notified of those restrictions prior to his or her signing. Articles 46–53 of the Vienna Convention on the Law of Treaties set out the only ways that treaties can be invalidated—considered unenforceable and void under international law. A treaty will be invalidated due to either the circumstances by which a state party joined the treaty or due to

17433-552: The official legal procedures of the United Nations, as applied by the Office of Legal Affairs , including signature, ratification and entry into force . In function and effectiveness, the UN has been compared to the United States federal government under the Articles of Confederation . Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify

17582-408: The option to accept those reservations, object to them, or object and oppose them. If the state accepts them (or fails to act at all), both the reserving state and the accepting state are relieved of the reserved legal obligation as concerns their legal obligations to each other (accepting the reservation does not change the accepting state's legal obligations as concerns other parties to the treaty). If

17731-600: The overthrown Ming, but ruled independently. However, Zheng Jing 's return to China to participate in the Revolt of the Three Feudatories paved the way for the Qing invasion and occupation of Taiwan in 1683. Following the defeat of Koxinga 's grandson by an armada led by Admiral Shi Lang in 1683, the Qing dynasty formally annexed Taiwan in May 1684, making it a prefecture of Fujian province while retaining its administrative seat (now Tainan) under Koxinga as

17880-415: The parties are considered treaties under international law. Treaties vary in their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations ; the first known example

18029-530: The protest was rapidly crushed by the authorities, it is considered as the main event that united Taiwan's opposition. In 1984, Chiang Ching-kuo selected Lee Teng-hui as his vice-president. After the Democratic Progressive Party (DPP) was (illegally) founded as the first opposition party in Taiwan to counter the KMT in 1986, Chiang announced that he would allow the formation of new parties. On 15 July 1987, Chiang lifted martial law on

18178-409: The reserving state is a party to the treaty at all. There are three ways an existing treaty can be amended. First, a formal amendment requires State parties to the treaty to go through the ratification process all over again. The re- negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining

18327-456: The same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now generally permitted to the extent that they are not inconsistent with the goals and purposes of the treaty. When a state limits its treaty obligations through reservations, other states party to that treaty have

18476-466: The same year, Japan and the ROC signed a peace treaty . While initially enthusiastic about the return of Chinese administration and the Three Principles of the People , Formosans grew increasingly dissatisfied about being excluded from higher positions, the postponement of local elections even after the enactment of a constitution on the mainland, the smuggling of valuables off the island,

18625-490: The southern coast of Taiwan, mostly for seasonal fishing but also subsistence farming and trading, by the early 17th century. In 1603, Chen Di visited Taiwan on an anti- wokou expedition and recorded an account of the Taiwanese Indigenous people. In 1591, Japan sent envoys to deliver a letter requesting tribute relations with Taiwan. They found no leader to deliver the letter to and returned home. In 1609,

18774-410: The state opposes, the parts of the treaty affected by the reservation drop out completely and no longer create any legal obligations on the reserving and accepting state, again only as concerns each other. Finally, if the state objects and opposes, there are no legal obligations under that treaty between those two state parties whatsoever. The objecting and opposing state essentially refuses to acknowledge

18923-431: The status quo, as well as those with cross-strait economic ties. It also created tension with the mainland and disagreements with the United States. Chen's administration was also dogged by public concerns over reduced economic growth, legislative gridlock, and corruption investigations . The KMT's nominee Ma Ying-jeou won the 2008 presidential election on a platform of increased economic growth and better ties with

19072-416: The substance of the parties' actual agreement. Each article heading usually encompasses a paragraph. A long treaty may further group articles under chapter headings. Modern treaties, regardless of subject matter, usually contain articles governing where the final authentic copies of the treaty will be deposited and how any subsequent disputes as to their interpretation will be peacefully resolved. The end of

19221-468: The suppression of traditional Taiwanese beliefs. Starting from 1940, families were also required to adopt Japanese surnames , although only 2% had done so by 1943. By 1938, 309,000 Japanese were residing in Taiwan. During the Second World War, the island was developed into a naval and air base while its agriculture, industry, and commerce suffered. Air attacks and the subsequent invasion of

19370-701: The terms of the treaty and its travaux preparatory. It has, for example, been held that it is not possible to withdraw from the International Covenant on Civil and Political Rights . When North Korea declared its intention to do this the Secretary-General of the United Nations, acting as registrar, said that original signatories of the ICCPR had not overlooked the possibility of explicitly providing for withdrawal, but rather had deliberately intended not to provide for it. Consequently, withdrawal

19519-546: The transformation of Kaohsiung into a special municipality on par with Taipei. In the 1970s, Taiwan became the second fastest growing economy in Asia. Real growth in GDP averaged over 10 percent. In 1978, the combination of tax incentives and a cheap, well-trained labor force attracted investments of over $ 1.9 billion from overseas Chinese , the United States, and Japan. By 1980, foreign trade reached $ 39 billion per year and generated

19668-439: The treaty is automatically terminated if certain defined conditions are met. Some treaties are intended by the parties to be only temporarily binding and are set to expire on a given date. Other treaties may self-terminate if the treaty is meant to exist only under certain conditions. A party may claim that a treaty should be terminated, even absent an express provision, if there has been a fundamental change in circumstances. Such

19817-521: The treaty is usually limited to its own member states, and non-member states may accede to it later. However, sometimes a specific set of non-member states or non-state actors may be invited to join negotiations. For example, the Council of Europe invited the "non-member States" Canada , the Holy See ( Vatican City ), Japan , Mexico and the United States to "participate in the elaboration" of

19966-593: The treaty itself. A treaty breach does not automatically suspend or terminate treaty relations, however. It depends on how the other parties regard the breach and how they resolve to respond to it. Sometimes treaties will provide for the seriousness of a breach to be determined by a tribunal or other independent arbiter. An advantage of such an arbiter is that it prevents a party from prematurely and perhaps wrongfully suspending or terminating its own obligations due to another's an alleged material breach. Treaties sometimes include provisions for self-termination, meaning that

20115-496: The treaty that one wishes to accede to (Article 19). When a treaty is open to "States", it may be difficult or impossible for the depositary authority to determine which entities are States. If the treaty is restricted to Members of the United Nations or Parties to the Statute of the International Court of Justice, there is no ambiguity. However, a difficulty has occurred as to possible participation in treaties when entities that appeared otherwise to be States could not be admitted to

20264-562: The treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding another clause to the treaty – this is commonly called an "authentic interpretation". International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish

20413-411: The treaty, such a process may result in financial penalties or other enforcement action. Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification ("denunciation"). For example,

20562-447: The treaty. Multilateral treaties typically continue even after the withdrawal of one member, unless the terms of the treaty or mutual agreement causes its termination. If a party has materially violated or breached its treaty obligations, the other parties may invoke this breach as grounds for temporarily suspending their obligations to that party under the treaty. A material breach may also be invoked as grounds for permanently terminating

20711-456: The twenty-sixth day of June, one thousand nine hundred and forty-five". If applicable, a treaty will note that it is executed in multiple copies in different languages, with a stipulation that the versions in different languages are equally authentic. The signatures of the parties' representatives follow at the very end. When the text of a treaty is later reprinted, such as in a collection of treaties currently in effect, an editor will often append

20860-531: The world. Treaties of "mutual guarantee" are international compacts, e.g., the Treaty of Locarno which guarantees each signatory against attack from another. The United Nations has extensive power to convene states to enact large-scale multilateral treaties and has experience doing so. Under the United Nations Charter , which is itself a treaty, treaties must be registered with the UN to be invoked before it, or enforced in its judiciary organ,

21009-563: Was achieved by tax rebate for exports, removal of import restriction, moving from multiple exchange rate to single exchange rate system, and depreciation of the New Taiwan dollar. Infrastructure projects such as the Sun Yat-sen Freeway , Taoyuan International Airport , Taichung Harbor , and Jinshan Nuclear Power Plant were launched, while the rise of steel, petrochemical, and shipbuilding industries in southern Taiwan saw

21158-421: Was also adopted into the Chinese vernacular as the name of the sandbar and nearby area (Tainan). The modern word "Taiwan" is derived from this usage, which is written in different transliterations ( 大員 , 大圓 , 大灣 , 臺員 , 臺圓 or 臺窩灣 ) in Chinese historical records. The area occupied by modern-day Tainan was the first permanent settlement by both European colonists and Chinese immigrants. The settlement grew to be

21307-569: Was attached to Jinjiang . The Yuan dynasty officially incorporated Penghu under the jurisdiction of Tong'an County in 1281. Penghu was evacuated in the 15th century by the Ming dynasty as part of their maritime ban , which lasted until the late 16th century. In 1349, Wang Dayuan provided the first written account of a visit to Taiwan. By the 1590s, a small number of Chinese from Fujian had started cultivating land in southwestern Taiwan. Some 1,500-2,000 Chinese lived or stayed temporarily on

21456-575: Was encouraged by American aid and programs such as the Joint Commission on Rural Reconstruction , which turned the agricultural sector into the basis for later growth. Under the combined stimulus of the land reform and the agricultural development programs, agricultural production increased at an average annual rate of 4 percent from 1952 to 1959. The government also implemented a policy of import substitution industrialization , attempting to produce imported goods domestically. The policy promoted

21605-434: Was not possible. In practice, states sometimes use their sovereignty to declare their withdrawal from and stop following the terms of a treaty even if this violates the terms of the treaty. Other parties may accept this outcome, may consider the state to be untrustworthy in future dealings, or may retaliate with sanctions or military action. Withdrawal by one party from a bilateral treaty is typically considered to terminate

21754-580: Was settled by farmers of the Dapenkeng culture , most likely from what is now southeast China. These cultures are the ancestors of modern Taiwanese Indigenous peoples and the originators of the Austronesian language family . Trade with the Philippines persisted from the early 2nd millennium BCE, including the use of Taiwanese jade in the Philippine jade culture . The Dapenkeng culture

21903-716: Was succeeded by a variety of cultures throughout the island, including the Tahu and Yingpu ; the Yuanshan were characterized by rice harvesting. Iron appeared in such cultures as the Niaosung culture , influenced by trade with China and Maritime Southeast Asia . The Plains Indigenous peoples mainly lived in permanent walled villages, with a lifestyle based on agriculture , fishing , and hunting . They had traditionally matriarchal societies . The Penghu Islands were inhabited by Han Chinese fishermen by 1171, and in 1225 Penghu

22052-416: Was the seventh-greatest sugar producer in the world. The Han and Indigenous populations were classified as second- and third-class citizens, and many prestigious government and business positions were closed to them. After suppressing Han guerrillas in the first decade of their rule, Japanese authorities engaged in bloody campaigns against the Indigenous people residing in mountainous regions, culminating in

22201-405: Was unable to officially register the land. In the early 1800s, local officials convinced the emperor to officially incorporate the area by playing up the issue of piracy if the land was left alone. In 1814, some settlers attempted to colonize central Taiwan by fabricating rights to lease aboriginal land. They were evicted by government troops two years later. Local officials continued to advocate for

#689310