This paper sets up a framework for analyzing the policies of the US and the People＇s Republic of China toward the Republic of China （Taiwan）. It surveys how the two powers＇ policies have evolved during the period ...This paper sets up a framework for analyzing the policies of the US and the People＇s Republic of China toward the Republic of China （Taiwan）. It surveys how the two powers＇ policies have evolved during the period 1949-2009 and makes numerical evaluations of the degree of ＂supportiveness＂ of American policy toward the ROC and the degree of ＂aggressiveness＂ of the PRC＇s policies. The evaluations are charted. The paper observes that the US and the PRC have been engaged in a kind of ＂ negotiation-by-move-and-countermove＂ over this period. This form of interaction is found to be slow-motion and not very effective for resolving differences between the two sides. However, the need for a formal resolution of the island＇s political-legal status becomes less important as the trade, investment, and people-to-people linkages between the two Chinese entities increase. There appears to be a huge potential for an ever-greater convergence of the two powers＇ economic desires for Taiwan even while the issue of their respective stances towards its legal-political-military status may not be resolved for quite a while.展开更多
The prevailing narrative instructs us that humane treatment of captured enemy fighters is down to white knights from the western parts of the European continent with their codes of chivalry, or alternatively, the Swis...The prevailing narrative instructs us that humane treatment of captured enemy fighters is down to white knights from the western parts of the European continent with their codes of chivalry, or alternatively, the Swiss businessman Henri Dunant. This contribution challenges that narrative for overlooking, or being ignorant of, the way that societies around the world have approached the matter of the captured enemy fighter. Traces of some of the critical principles about humane treatment that we see in our present law can actually be found in much older societies from outside of Europe. A more accurate and representative way of understanding humanitarianism in the treatment of captured enemy fighters can and must be crafted, with the prevailing Euro-centric account balanced with practices, cultures and faiths from elsewhere. The quest to achieve more humane treatment in armed conflict is first and foremost a battle of the intellect. Narratives and conceptualisations that are more inclusive, recognising and appreciating of the ways of the rest of the world are likely to be more effective in communicating humanitarian ideals. This work adopts a new method of approaching the richness and diversity of the treatment of captured enemy fighters over time and space. This new framework of analysis uses six cross-cutting themes to facilitate a broader international and comparative perspective, and develop a more sophisticated level of understanding. The first theme is how older and indigenous societies approached the matter of captured enemy fighters. The second focuses on religions of the world, and what they teach or require. The third section examines the matter of martial practices and codes of ethics for combatants in certain societies. The fourth category engages with colonisation and decolonisation, and regulation （or non-regulation） of the treatment of captives of war. Fifth is the issue of modernisation and the impact it has had on armed forces and fighters, including on the treatment of captives. The final issue is the shift towards formalised agreements, beginning with the first bilateral agreements and then the multilateral codification exercise that began in the mid-19th century and continues to this day. This framework for analysis leads into a final chapter, presenting a fresh and holistic view on the evolution of prisoner of war protections in the international order. It provides a different way of looking at International Humanitarian Law, starting with this effort at a global understanding of the treatment of captured enemy fighters.展开更多
文摘This paper sets up a framework for analyzing the policies of the US and the People＇s Republic of China toward the Republic of China （Taiwan）. It surveys how the two powers＇ policies have evolved during the period 1949-2009 and makes numerical evaluations of the degree of ＂supportiveness＂ of American policy toward the ROC and the degree of ＂aggressiveness＂ of the PRC＇s policies. The evaluations are charted. The paper observes that the US and the PRC have been engaged in a kind of ＂ negotiation-by-move-and-countermove＂ over this period. This form of interaction is found to be slow-motion and not very effective for resolving differences between the two sides. However, the need for a formal resolution of the island＇s political-legal status becomes less important as the trade, investment, and people-to-people linkages between the two Chinese entities increase. There appears to be a huge potential for an ever-greater convergence of the two powers＇ economic desires for Taiwan even while the issue of their respective stances towards its legal-political-military status may not be resolved for quite a while.
文摘The prevailing narrative instructs us that humane treatment of captured enemy fighters is down to white knights from the western parts of the European continent with their codes of chivalry, or alternatively, the Swiss businessman Henri Dunant. This contribution challenges that narrative for overlooking, or being ignorant of, the way that societies around the world have approached the matter of the captured enemy fighter. Traces of some of the critical principles about humane treatment that we see in our present law can actually be found in much older societies from outside of Europe. A more accurate and representative way of understanding humanitarianism in the treatment of captured enemy fighters can and must be crafted, with the prevailing Euro-centric account balanced with practices, cultures and faiths from elsewhere. The quest to achieve more humane treatment in armed conflict is first and foremost a battle of the intellect. Narratives and conceptualisations that are more inclusive, recognising and appreciating of the ways of the rest of the world are likely to be more effective in communicating humanitarian ideals. This work adopts a new method of approaching the richness and diversity of the treatment of captured enemy fighters over time and space. This new framework of analysis uses six cross-cutting themes to facilitate a broader international and comparative perspective, and develop a more sophisticated level of understanding. The first theme is how older and indigenous societies approached the matter of captured enemy fighters. The second focuses on religions of the world, and what they teach or require. The third section examines the matter of martial practices and codes of ethics for combatants in certain societies. The fourth category engages with colonisation and decolonisation, and regulation （or non-regulation） of the treatment of captives of war. Fifth is the issue of modernisation and the impact it has had on armed forces and fighters, including on the treatment of captives. The final issue is the shift towards formalised agreements, beginning with the first bilateral agreements and then the multilateral codification exercise that began in the mid-19th century and continues to this day. This framework for analysis leads into a final chapter, presenting a fresh and holistic view on the evolution of prisoner of war protections in the international order. It provides a different way of looking at International Humanitarian Law, starting with this effort at a global understanding of the treatment of captured enemy fighters.
