President Chen Shui-bian, who is a very good defense lawyer, knows little about international law.That may be the reason why he wants to initiate litigation to get the International Court of Justice to rule U.N. General Assembly Resolution 2758 violates the rights and freedom of the Republic of China on Taiwan. The resolution, adopted on October 25, 1971, was to expel “the representatives of Chiang Kai-shek” and award the right to represent China in the United Nations to the People’s Republic of China Mao Zedong proclaimed in Beijing on 1949.Shortly before the resolution was passed, the Republic of China on Taiwan “withdrew” from the United Nations.Inasmuch as the United Nations is concerned, the question is nothing but the right of representation of a member state.
Of course, it’s just an option open to President Chen in a misguided attempt to get the Republic of China into the United Nations under the name of Taiwan after the world body has rejected his bid to let it rejoin under the name of Taiwan.His finishing touch is to call a referendum on Taiwan’s accession under its rectified name.He knows none of his attempt can work wonders, but his real purpose is to win voter support for his ruling Democratic Progressive Party in the presidential election scheduled for March 22 next year.
The litigation gimmick will backfire, however.President Chen may not know he is running a dangerously high risk of getting the International Court of Justice at The Hague to confirm Taiwan as a non-state.All the court has to do is just to turn down an appeal from Taipei to repudiate Resolution 2758.
The court in The Hague is the principal judicial organ of the United Nations.The jurisdiction of the court comprises cases which the parties submit to it and matters especially provided for in the U.N. Charter or in treaties.Taiwan isn’t a U.N. member, albeit it is an independent, sovereign state.As such, Taiwan can’t be a party to submit a case.Nor can it ask its diplomatic allies that are U.N. members to submit the case for it.In other words, any attempt to submit the case is futile, and the court is bound to reject the appeal, confirming Taiwan as a non-state.
On the other hand, the court might accept the case, if it were submitted by the United Nations Secretariat to request judgments on Resolution 2758. Will U.N. secretary-general Ban Ki-moon make that request on behalf of Taiwan?
Even at his wit’s end, President Chen shouldn’t take the litigation option.If he does, Taiwan will be declared a non-state.Is there any country in the world that will recognize a non-state and set up diplomatic relations with it?
（本文刊載於96.09.24 China Post第4版，本文代表作者個人意見）
