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Mutual non-recognition of sovereignty and mutual non-denial of authority to govern

(Redirected from Special non-state-to-state relations)

"Mutual non-recognition of sovereignty and mutual non-denial of authority to govern" (Chinese: 互不承認主權，互不否認治權) is former President of the Republic of China Ma Ying-jeou's description of the relations between the Taiwan Area and Mainland China, as presented in his second inauguration speech after being re-elected in 2012.[1][2][3] Sometimes the term special non-state-to-state relations (Chinese: 特殊非兩國論) is used in the press for this concept, following his own statements.[4] Ma defines the relations as a "special relationship for which the model of [state] recognition under conventional international law is not applicable".[5][6] This marks a departure from the views of his predecessors, former presidents Lee Teng-hui's special state-to-state relations and Chen Shui-bian's One Country on Each Side: Both defined the Republic of China (ROC) and the People's Republic of China (PRC) as states and the relationship between the two as one between two states. In Ma's view, the ROC government considers the one China as the ROC, regardless of the view of the PRC government.[1] While neither governing authority can recognize that in the other area as a legitimate state, neither would deny the other side being the de facto governing authority of its area.

Special non-state-to-state relations[citation needed]
Traditional Chinese特殊非兩國論
Simplified Chinese特殊非两国论
Transcriptions
Standard Mandarin
Hanyu PinyinTèshū fēi liǎngguó lùn

Background

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President Ma Ying-jeou on 2 September 2008 stated in an interview with the Mexico-based press, Sol de Mexico [es], that the relations between mainland China and Taiwan are "special", but "not that between two states", because neither the Constitution of the People's Republic of China nor the Constitution of the ROC allows for another state to exist in their respective claimed territory. He conceded the sovereignty issues between the two cannot be resolved at present, but citing the 1992 Consensus as a temporary measure for the issues, as both accept the One China principle but agrees to differ on the definition of that one "China".[7][8]

Presidential Office spokesman Wang Yu-chi later elaborated the president's statement and said that under the 11th amendment of the ROC Constitution and the "Statute Governing the Relations Between the Peoples of the Taiwan Area and Mainland Area", the relationship between Taiwan and mainland China is one between two regions of one country. From the ROC's perspective, that country is the ROC.[9]

Ma Ying-jeou was interviewed by the Japanese magazine World on 7 October 2008. In answering questions relating to the "Special non-state-to-state relations", he said that the ROC "definitely is an independent sovereign state", and under its constitution, mainland China is part of the territory of the ROC. The ROC cannot recognise the existence of another state in its territory, nor does the People's Republic of China want to recognize the ROC. In other words, the ROC does not consider the PRC a state. Accordingly, laws relating to international relations cannot be applied regarding the relations between Taiwan and mainland China.[6][10][11]

In an interview with the Central News Agency on 25 October 2008, Ma Ying-jeou clarified that conceptualising Taiwan and mainland China as "two areas" was not his invention, but believed the framework offered a way for the two sides of the Taiwan Strait to sidestep sovereignty questions in pursuing closer ties as long as each side did not deny the other's existence. Ma said consultations between the two sides' intermediary bodies have been conducted under such a "mutual non-denial" framework. According to Ma, the "two areas" concept could be dated back to 1991, when then-President Lee Teng-hui announced the termination of the Period of National Mobilisation for Suppression of the Communist Rebellion to acknowledge the fact that the two sides of the Taiwan Strait are under separate rule. The move symbolised that the communist regime established on 1 October 1949 in mainland China is no longer considered by the ROC as a "rebellious group", but "a governing authority that has de facto rule of the mainland", Ma said. Over the past 17 years, several other concepts have been put forth by the country's leaders to try to define Cross-Strait relations, but none has been proven feasible, he said. These include the special state-to-state relations proposed by Lee in 1999, and the one country on each side theory raised by then President Chen Shui-bian in 2002, Ma noted.[12][13]

Legacy

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In the runup to the 2024 presidential election, the Kuomintang candidate Hou Yu-ih reiterated this mutual non-denial framework in the context of the 1992 Consensus, in an interview with the Japanese public broadcaster NHK in August 2023.[14]

See also

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References

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  1. ^ a b "President Ma's Inaugural Address". english.president.gov.tw. 而我們所說的「一中」，當然就是中華民國。依據憲法，中華民國領土主權涵蓋臺灣與大陸，目前政府的統治權僅及於臺、澎、金、馬。換言之，二十年來兩岸的憲法定位就是「一個中華民國，兩個地區」，歷經3位總統，從未改變。這是最理性務實的定位，也是中華民國長遠發展、保障臺灣安全的憑藉。兩岸之間應該要正視這個現實，求同存異，建立「互不承認主權、互不否認治權」的共識，雙方才能放心向前走。 ≈ When we speak of 'one China,' naturally it is the Republic of China. According to our Constitution, the sovereign territory of the Republic of China includes Taiwan and the mainland. At present, the ROC government has authority to govern only in Taiwan, Penghu, Kinmen, and Matsu. In other words, over the past two decades, the two sides of the Taiwan Strait have been defined as 'one Republic of China, two areas.' This status has remained unchanged throughout the administrations of the past three presidents. ¶ This is an eminently rational and pragmatic definition, and constitutes the basis for assuring the ROC's long-term development and safeguarding Taiwan's security. Both sides of the Taiwan Strait ought to squarely face up to this reality, seek common ground while respecting differences, and establish a consensus regarding 'mutual non-recognition of sovereignty and mutual non-denial of authority to govern.' Only in this way can the two sides move forward with confidence.
  2. ^ Roth, Brad R. (December 28, 2012). "Parsing "Mutual Non-Recognition and Mutual Non-Denial:" An International Law Perspective on Taipei's Current Framework for Cross-Strait Relations". Chinese (Taiwan) Yearbook of International Law and Affairs. 30 (2012). Brill Nijhoff: 15–30. doi:10.1163/9789004425040_003 – via brill.com.
  3. ^ Lee, Wei-chin (January 1, 2014). "The Mutual Non-Denial Principle, China's Interests, and Taiwan's Expansion of International Participation". Maryland Series in Contemporary Asian Studies. 2014 (1).
  4. ^ "President Ma attends opening ceremonies of 2013 ILA-ASIL Asia-Pacific Research Forum". cross-strait relations are not state-to-state relations but special relations
  5. ^ "President Ma's address at 2011 International Law Association Asia-Pacific Regional Conference". Under the ROC constitutional framework, the cross-strait relationship is not one between states, but a special relationship for which the model of recognition under conventional international law is not applicable. Therefore, we cannot and do not recognize mainland China's sovereignty, nor should we or do we deny its authority to govern mainland China. To put it simply, "mutual non-recognition and mutual non-denial" means "the two sides do not recognize each other's sovereignty, nor do they deny each other's authority to govern".
  6. ^ a b "馬：大陸是中華民國領土 (Ma: the mainland is the territory of the Republic of China)". Liberty Times (in Chinese). 2008-10-08. Archived from the original on 2008-12-11. Retrieved 2022-04-22. 無法適用與其他國家保持關係之法律架構
  7. ^ "Taiwan and China in 'special relations': Ma". China Post. 2008-09-04. Archived from the original on 2008-09-10.
  8. ^ Central News Agency of the Republic of China (2008-09-11). "'Non-state-to-state' discourse based on Constitution: spokesman". Taiwan News. Retrieved 2022-04-22.
  9. ^ Ko, Shu-ling; Hsiu-Chuan, Shih; Wang, Flora; Lu, Meggie (2008-09-05). "Presidential Office defends Ma". Taipei Times. Retrieved 2022-04-22.
  10. ^ Ko, Shu-ling (2008-10-08). "Ma refers to China as ROC territory in magazine interview". Taipei Times. Retrieved 2022-04-22.
  11. ^ "馬總統：兩岸關係是現實關係 (President Ma: Cross-strait relations are relations based on current reality)" (in Chinese). Central News Agency of the Republic of China. 2008-10-08. Archived from the original on 2009-02-12.
  12. ^ "Ma clarifies 'two areas,' reaffirms non-denial". China Post. 2008-10-25. Archived from the original on 2008-10-28. Retrieved 2022-04-22.
  13. ^ "總統闡述兩岸兩區概念 重申相互不否認 (Ma clarifies the concept of 'two areas,' reaffirms mutual non-denial)" (in Chinese). Central News Agency. 2008-10-25. Archived from the original on 2012-02-24.
  14. ^ "日媒專訪 侯友宜談兩岸關係：循馬英九路線「不統、不獨、不武」 | 政治". Newtalk新聞. August 2, 2023. 另外在九二共識部分，侯友宜重申，他接受合乎中華民國憲法的九二共識，他反對一國兩制、反對台獨，他堅守自由民主，兩岸之間要求同存異，相同的繼續往前走，不一樣的先擺兩邊，「我們互不承認主權、互不否認治權」，台灣的未來由2300萬人決定。
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"Full text of the interview" (in Chinese). Mainland Affairs Council. 2008-09-03. Archived from the original on 2008-11-20.

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