Ma advocates cross-strait mutual non-denial

Addressing the opening of the 2011 International Law Association Asia-Pacific Regional Conference, Ma said the Republic of China government has consistently attached great importance to human rights protection and supports free trade.

Besides working to cement bilateral ties with its diplomatic allies, the government has also spared no efforts to expand multilateral partnerships and improve cross-strait relations, Ma said, adding that these endeavors have contributed to regional stability and improvements in Taiwan's overall international relations.

As far back as the presidential campaign trail in 2007, Ma said, he proposed the concept of mutual non-denial for the development of cross-strait relations and rapprochement.

“I presented the proposal because I had come to understand that cross-strait relations are different from post-World War II ties between the two Germanys and the two Koreas,” Ma said, adding that new theories are needed to define the development of cross-strait relations.

In fact, he continued, the mutual non-denial concept has already been incorporated into the 1991 Additional Articles of the Constitution of the R.O.C.

The issue of cross-strait relations and their correlation with international ties and international law has been included in textbooks on international law in Western countries, Ma went on, adding that the policy of mutual non-denial is discussed in a textbook titled “International Law: Cases and Materials,” published by Louis Henkin, a noted American law professor, in 2008.

In 1992, Ma said, the R.O.C. government reaffirmed its sovereignty over the Chinese mainland in accordance with the Constitution, while acknowledging that it no longer exercises jurisdiction over the mainland.

Under the framework of the Constitution, Ma said, cross-strait relations are not state-to-state but represent a “special relationship.”

Noting that the traditional recognition system under international law is not applicable to cross-strait relations, Ma said: “We are unable and unlikely to recognize Beijing's sovereignty over mainland China, but we should not and will not repudiate Beijing's jurisdiction over the mainland.”

He further said mutual non-recognition and mutual non-denial means that Taiwan and China do not recognize each other's sovereignty and that they also do not repudiate each other's jurisdictions.

“The two sides of the Taiwan Strait cannot recognize each other's sovereignty because their sovereignty claims completely overlap,” Ma said, adding that their mutual non-denial of jurisdiction is a pragmatic reflection of the status quo.

“Otherwise, how could our two sides have engaged each other and have signed 15 binding agreements in the past three years?” he asked.

In a veiled reference to former American Institute in Taiwan Chairman Richard Bush's recent proposal that a “two Chinas” concept be employed to deal with cross-strait relations, Ma said that mutual non-recognition of sovereignty and mutual non-denial of jurisdiction is the best strategy for defining the status of the cross-strait relationship.

“They are also the best way to shelve disputes and promote cross-strait peace,” he added.

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