從台灣關係法談到馬英九最近的奇談怪論(上)

                                    從台灣關係法談到馬英九最近的奇談怪論(上)

一 
在民主國家中，有機會連任的總統在第二任中，絕大多數都會強推他真正想推動或執行的政策，以便實現他的理想與主張或貫徹他的意識形態，不管他在競選連任中是如何地欺騙選民或施放煙幕或釋出許多互相矛盾的訊息，馬英九就是一個很好的例子。 
只要有相當或足夠政治經驗與智慧的人都能斷定或準確地判斷馬英九在任內一定會幹與北京狼狽為奸、背叛美國與台灣人民、「反獨促統」的醜惡勾當，只有兩種人不相信: 一是以為自己是能把台灣的最高領導人控制在手掌心的如來佛的美國政府，另一些就是對政治人物認識不足、判斷力不足的台灣選民或民眾。 
「台灣關係法」中所指稱的「在台灣的治理當局」的最高領導人馬英九日前在其所謂的「中華民國國慶」演說中胡扯: 「兩岸人民同屬中華民族，兩岸關係不是國際關係」(The people of both sides of the Taiwan Strait are all Chinese by ethnicity. Cross-strait relations are not international relations.) 。
建州派聽聞此項謬論，不禁勃然大怒，我們不能不對這種「在台中國人」典型的目中無人與逾越分寸的謬論加以駁斥。
二
建州派首先必須表明: 第一，在台灣島上的多數人民非屬所謂的「中華民族」，也非所謂的ethnic Chinese，雖然不能排除他們有古漢族或古越族的血緣，第二，台灣主權在法理、法律與事實上，均不屬於中國，第三，現在事實上仍然存在於台灣但不被「台灣關係法」承認的所謂「中華民國」在美國的政策與法律上均非國家。
在「台灣關係法」的立法紀錄中，我們發現參院的一項報告這麼說: "China, defeated by Japan in the Sino-Japanese War of 1895, relinquished sovereignty over Taiwan to Japan. Japan formally relinquished its sovereignty over Taiwan in connection with the United States-Japan Peace Treaty of 1951, but the treaty did not specify to whom sovereignty was relinquished. Thus the sovereign status of Taiwan was left unclear." 也就是說，「台灣關係法」是建築在「台灣法律地位未定」的認知、共識與基礎上，換言之，「台灣關係法」是延續了「舊金山和約」將「台灣主權未定論予以法制化」的舊章，它當然也繼承當年盟國「未來台灣的歸屬若要或若可解決時，必須遵照『聯合國憲章』的宗旨與原則來進行」的共識，亦即必須遵循「和平解決爭端」以及「人民自決」兩項原則。
在參院的三讀程序中，Sen. Frank Church也明說: "The Senate version ...... to make clear as well that the bill did not address the issue of Taiwan’s international legal identity."

由於「台灣關係法」的基本認知是「台灣法律地位未定」，所以Sen. John Glenn在參院的三讀程序中才會說: "I believe that S. 245 will allow us .......to insure the freedom of the people of Taiwan to choose their own destiny." Sen. Church 也表示: "It is not the United States to determine Taiwan’s destiny. However, we do have an important interest that this issue be resolved peacefully and in a manner that takes into account the will of the people on Taiwan." 他們兩位都認為，台灣前途的解決必須尊重台灣人民之意願，Sen. Church還表示，台灣前途必須以和平方式解決。
三
我們今天必須藉這個機會，提醒台美人與台灣人鄉親，當年深度參與「台灣關係法」的立法程序的台美人王能祥前輩在他今年四月策劃出版的「郭雨新評傳」一書第十章中，提及當年「台灣關係法」立法的三個版本，他指出，經過他與其他台美人的共同努力，參院與眾院都通過了「保護台灣長久利益」的版本，此版本把台灣納為美國的「保護地」，也把台灣視為「準國家」(在「台灣關係法」中，台灣是獨立於中國之外、高度自治、被視同國家的政治實體)。
對王前輩而言，美國國會藉「台灣關係法」把台灣納為美國的「準領地」，對「台灣建州運動」而言，美國國會藉「台灣關係法」進一步確立與鞏固「美國政府對台灣主權的政治監護」，因此，美國政府與台灣人民都有責任防杜與反制中國國共兩黨以及國共兩政權要盜竊或搶奪台灣主權的企圖。
四
在10/3/2013，美國國務院亞太事務副助卿梅建華於「卡內基和平基金會」發表演說，這是國務院資深官員近年來有關台灣事務與政策的重要談話，在這之前，有前亞太事務助卿James A. Kelly於4/21/2004在眾議院國際關係委員會的證詞，標題是"Overview of U.S. Policy Toward Taiwan"，再來是前亞太事務副助卿Thomas J. Christensen於9/11/2007在「美台國防工業會議」的演說，標題是"A Strong and Moderate Taiwan"。梅建華指出，美國的戰略關鍵部分是建立「全面性的、持久的、互惠的美台關係」(A CRITICAL PART OF OUR STRATEGY IS BUILDING THE COMPREHENSIVE, DURABLE, MUTUALLY BENEFICIAL RELATIONSHIP BETWEEN THE UNITED STATES AND TAIWAN.)，這是十分值得注意的政策宣示。
我們現在把梅建華的演講內容全文張貼出來，我們特別在我們認為重要或關鍵的文字或部分以大寫字母加以標示，以便讓鄉親們特別加以注意:

"Trends in the U.S.-Taiwan Relationship"
Kin M. Moy
Deputy Assistant Secretary, Bureau of East Asian and Pacific Affairs
Carnegie Endowment for International Peace
Washington, DC
October 3, 2013


Some of you might have seen the recent comments of U.S. –that U.S. – Taiwan relations are “fairly grim” and that he is “pessimistic” about the relationship.

I respectfully disagree. Indeed I am optimistic about U.S. –Taiwan relations and I am here today to tell you why.

Recap of U.S.-Taiwan Relations
The U.S. – Taiwan relationship is long-standing, and encompasses business, culture, education, trade, environmental protection, and SECURITY TIES. This relationship has thrived for decades to the benefits of both of our peoples.

Maintaining and deepening our strong unofficial relations with Taiwan is an IMPORTANT PART of U.S. engagement in Asia, a region of great and growing importance to the United States.

Much of the history of the 21st century will be written in ASIA, and the UNITED STATES HAS A SIGNIFICANT ROLE to play. A CRITICAL PART OF OUR STRATEGY IS BUILDING THE COMPREHENSIVE, DURABLE, MUTUALLY BENEFICIAL RELATIONSHIP BETWEEN THE UNITED STATES AND TAIWAN. Our broad ranging, unofficial relationship is DEEPLY IN THE INTERESTS OF THE UNITED STATES. It is founded on our shared values—a commitment to freedom and democracy—and cultivated through our ongoing spirit of cooperation.

It is rooted in shared history. The FINANCIAL AND TECHNICAL SUPPORT provided to Taiwan by the United States in the 1950s, and President Eisenhower’s visit in 1960, embody the U.S. commitment to Taiwan.

Over more than six decades, our engagement with Taiwan has supported the economic and political success story that Taiwan is today – an outcome achieved through the hard work and determination of the people on Taiwan.

Today, Taiwan is one of the 20 largest economies in the world. Once an agricultural economy, it became an economy based on heavy industry, and is now a world-class manufacturer of innovative high tech products. Today, Taiwan is an IMPORTANT PART OF GLOBAL SUPLY CHAINS, particularly in information and communications technology, and Taiwan companies are world leaders in semiconductors, flat panel displays, and solar panels. Taiwan companies are also important investors in the United States, mainland China and other nations.

Hundreds of thousands of people from Taiwan travel to the United States and other nations each year as tourists, students and business persons. Taiwan is the SIXTH largest place of origin for international students studying in the United States, with over 23,000 Taiwan students attending U.S. educational institutions in the 2011-2012 academic year. Tens of thousands of Taiwan students have obtained degrees in the United States and returned home to lead companies, develop the economy, and help build a modern infrastructure of ports, rails, airports and highways.

Moreover, Taiwan has developed into a vibrant democracy, holding regular, free, and fair elections.

None of this would have happened without the active support of Taiwan’s flourishing media and civil society, based on the free flow of opinions and information. Taiwan is now recognized around the world as a MODEL for both economic development and democratic reform.

Current Issues
Clearly, the U.S.-Taiwan unofficial relationship is multifaceted and OVERWHELMINGLY IN THE UNITED STATES’ INTEREST. It is worth remembering that the TAIWAN RELATIONS ACT of 1979 remains, more than three decades after its signing, a CRITICAL GUIDE for the U.S. – Taiwan relationship. The American Institute in Taiwan, or “AIT,” and the Taipei Economic and Cultural Representative Office or “TECRO” are the INSTRUMENTS through which we conduct this relationship.

Within the framework of our unofficial relations, Taiwan remains a CLOSE PARTNER with whom we engage in a FULL range of SUBSTANTIVE interactions, including trade negotiations, scientific and technological cooperation, environmental protection, academic and cultural exchanges, delegation visits, and SECURITY COOPERATION.

Now let me talk in more detail about specific components of our relationship, and how they demonstrate that this relationship is in ROBUST GOOD HEALTH.

Economics & Trade
As Taiwan’s third largest trading partner, the United States plays an important role in Taiwan’s economy. For 60 years, the American Chamber of Commerce in Taipei has been promoting American business on Taiwan. Today it represents the interests of more than 500 companies.

Yet the relationship is undeniably a mutually beneficial one. Taiwan is the seventh largest market for U.S. food and agricultural products. Taiwan is our 11th largest trading partner, and the value of our two-way trade was over $63 billion in 2012. That exceeds our trade with, for example, the Netherlands or India.

TIFA
Since 1994, the Trade and Investment Framework Agreement or “TIFA” has been our main channel for dialogue strengthening our trade and investment links.

Taiwan’s positive action on beef imports paved the way for the most recent TIFA meeting - the first since 2007 – which was led on the U.S. side by Deputy U.S. Trade Representative Demetrios Marantis. His March visit to Taipei this year brought renewed momentum and improved communication to our economic relationship.

Notably, the meetings yielded new joint statements on investment principles, and on information and communication technology services. The new TIFA working groups on investment and on technical barriers to trade were launched, too.

The TIFA working group on investment held its first meeting in September. There was a discussion on promoting a transparent and predictable investment regime, and an exchange of preliminary views on a potential U.S.-Taiwan Bilateral Investment Agreement.
The TIFA Working Group on Technical Barriers to Trade will convene this month.

Through these TIFA processes, we aim to pave the way for new trade opportunities, renew the commitment to international trade disciplines, and improve the investment climate. We hope that Taiwan continues to build confidence in the trading relationship that was affected in recent years by Taiwan’s exclusion of many U.S. beef and pork products.

Work to Be Done on Trade
On trade, Taiwan has made progress in liberalizing its policies and opening up to international markets. We encourage further steps in that direction.

For example, U.S. companies seek greater transparency and predictability in Taiwan’s processes for approving foreign direct investment. Clarifying market entry and market exit processes will improve Taiwan’s investment climate and generate new opportunities for U.S. investors, manufacturers, and service providers.

Through legislative amendments, Taiwan has taken important steps to enhance the protection and enforcement of trade secrets, but challenges remain.
Addressing those challenges is crucial for the continued success of both foreign and domestic companies.
We greatly appreciate the work done by President Ma and the Legislative Yuan in summer 2012 to address issues related to beef imports. We hope that Taiwan will continue to work to seen as a reliable trading partner by consistently applying science-based rules to agricultural trade.

These measures will no doubt face challenges of political will and protectionist inclinations but if implemented they would build confidence in Taiwan as a trading partner and as an investment destination. These measures would also generate a more favorable impression of Taiwan for possible inclusion in regional economic initiatives.

Trans-Pacific Partnership (TPP)
I know Taiwan has begun to consider whether it should seek to join the Trans-Pacific Partnership, or “TPP.”

In our discussions with Taiwan, we have said that any TPP candidate must be willing to adopt the high standards and ambitious commitments of TPP.

The United States is focused on concluding the agreement among the twelve current TPP partners. We are also developing TPP to potentially include other regional economies, noting that existing TPP partners must approve by consensus the addition of new partners.

The high visibility and sheer size of the TPP market may be a spur for Taiwan to liberalize its trading regimes. We encourage moves in that direction, and by fully utilizing the TIFA process, Taiwan will build confidence in its trade relationship with the United States.

Wrap-Up on Trade and Select USA
In addition to promoting trade and tourism, the U.S. government has also focused on attracting inward investment in the United States. The Department of Commerce has designated Taiwan as a focus market under the SelectUSA investment initiative.
Over the next two months, two distinguished Taiwan business delegations will travel to the United States seeking investment opportunities. The first will attend the SelectUSA Summit in late October. The second, traveling in November, will have high-level meetings in Washington, New York, and California on trade and on investment in the United States.

Taiwan is a valuable member of APEC and plays an important role in helping APEC to increase regional economic prosperity and integration.

Benefits of Taiwan’s Participation in the International System
I’d like to turn now to the benefits of Taiwan’s meaningful participation in international organizations, which we think is an important acknowledgement of Taiwan’s status as positive and responsible contributor to the international community.

The United States continually reaffirms the importance of Taiwan’s participation in cooperative regional and multilateral fora like APEC and the WTO, where Taiwan is a full member.

The United States fully supports Taiwan’s membership in international organizations where statehood is not a requirement, and encourages Taiwan’s meaningful participation in organizations where its membership is not possible.

With our support, Taiwan has participated as an observer in the World Health Organization, or “WHO,” Assembly for four consecutive years. However, obstacles remain to Taiwan’s participation in WHO technical meetings.

Taiwan should participate in the WHO’s reporting and response efforts. With the rise of global pandemics such as SARS and H1N1 influenza, it is imperative that Taiwan be part of the conversation on how to prevent the spread of infectious disease.

Taiwan is participating in the 38th International Civil Aviation Organization or “ICAO” Assembly as a guest of ICAO Council President Kobeh. Taiwan’s participation was arranged through international dialogue and cooperation. The ICAO Assembly ends tomorrow, October 4, but the active participation of Taiwan’s delegation supports ICAO’s mission to promote global aviation safety and security, and will strengthen ICAO as an institution.

Benefits of Cross-Strait Stability
Discussing our relationship with Taiwan requires some comments on our view of cross-Strait relations.

We do not see any inconsistency between developing a partnership with China and maintaining a strong unofficial relationship with Taiwan.

It is very much in our interest to see improvements in cross-Strait relations. We commend the progress that has been achieved in recent years and we encourage both sides to continue these efforts. The reason is straightforward: MAINTENANCE OF CROSS-STRAIT STABILITY IS ESSENTIAL TO THE U.S. GOAL OF PROMOTING PEACE AND PROSPERITY IN THE ASIA-PACIFIC REGION.

WE SUPPORT OF PEACEFUL RESOLUTION OF FIFFERENCES IN A MANNER ACCEPTABLE TO PEOPLE ON BOTH SIDES OF THE STRAIT. LIKEWISE, WE OPPOSE ANY EFFORTS TO RESOLVE DIFFERENCES THROUGH INTIMIDATION OR COERCION.

Steadfast U.S. Support for Taiwan’s Self-Defense Capabilities
IT IS IN OUR JUDGMENT THAT OUR STRONG SECURITY PARTNERSHIP WITH TAIWAN AND OUR SUPPORT OF TAIWAN’S DEVELOPMENT OF DEFENSIVE CAPABILITIES HAS PROVIDED THE SECURITY AND CONFIDENCE NECESSARY FOR IMPROVEMENTS IN CROSS-STRAIT RELATIONS.

The United States offers defense equipment and services necessary to enable Taiwan to maintain a sufficient self-defense capability. This is CONSISTENT WITH the Taiwan Relations Act and the United States’ one China policy.

The Obama Administration has notified Congress of our intent to sell over $12 billion in new defense articles and services to Taiwan. Such sales support both our commitments to Taiwan and our interest in maintenance of stability across the Taiwan Strait and in the region.

We support Taiwan’s efforts to develop innovative and asymmetric capabilities to deter coercion or intimidation, and we encourage Taiwan to increase its defense budget to a level commensurate with the security challenges it confronts.

Taiwan’s Role as a Regional Leader
We do not just view Taiwan through the prism of cross-Strait relations. We also look to Taiwan as a PARTNER with whom we work on transnational issues such as environmental protection, disaster relief, development assistance, and combating human trafficking.
U.S.-Taiwan cooperation on trafficking in persons has been particularly positive. For the last four years, Taiwan authorities have fully complied with the minimum standards for the elimination of trafficking in persons, and Taiwan has therefore received the highest or “Tier 1” ranking in the Department of State’s Trafficking-in-Persons Report. Because of its efforts, Taiwan is becoming a model for anti-trafficking efforts in the region.

On nuclear security, Taiwan and the United States have worked closely through the “Megaports” program to detect radiation in shipping containers. Given Kaohsiung’s importance as a shipping center, Megaports has made a significant contribution to regional and global security.

Environmental Protection Cooperation
Environmental protection policies and practices are global topics on which Taiwan is also emerging as a leader. Taiwan is demonstrating its ability to play a constructive and responsible role in protecting the environment, an issue that does not recognize boundaries or different political systems.

This year, the U.S. Environmental Protection Administration and Taiwan’s EPA are marking twenty years of cooperation. During those years, Taiwan has moved from being a consumer of information on environmental practices to being a leader, for example by hosting environmental protection training for officials from China, Asia, Africa and the Americas.

Dispute Resolution
On dispute resolution, Taiwan has worked peacefully and constructively with its neighbors to manage and resolve disputes, for example its agreement with Japan earlier this year on fisheries in the East China Sea. Similarly, Taiwan and the Philippines resolved the dispute surrounding an incident between the Philippine Coastguard and a Taiwan fishing vessel.

The United States welcomes cooperative dispute resolution, reducing tensions through dialogue, and promoting peace and stability in the region. Dispute resolution also establishes procedures which reduce the likelihood of future miscalculations or unwanted, harmful confrontations.

Conclusion
Let me summarize the U.S – Taiwan relationship by saying that Taiwan has been and remains an important partner of the United States.

Taiwan’s entry into our Visa Waiver Program in November 2012 enhanced our already-flourishing people-to-people exchanges by simplifying business travel and tourism.

Taiwan can and should play a constructive role in more international organizations so that the goals of the international community are more fully supported.

We encourage Taiwan to use the Trade and Investment Framework Agreement process to strengthen our bilateral trade and investment relationship.

In APEC and the World Trade Organization, we will work with Taiwan to pursue rules-based trade regime liberalizations to benefit consumers, manufacturers, service providers, and farmers.

The friendship between the people of the United States and the people on Taiwan is LONG-STANDING AND DEEP. We look forward to continued substantive engagement with Taiwan to promote business opportunities and academic exchanges to strengthen the ties that bind our two peoples together. We look forward to welcoming friends from Taiwan to every corner of our United States.