I recently had the privilege of reading and reviewing for China Quarterly a massive new volume on the role of international human rights conventions and their importance for Taiwan.

The editors are all major figures in their own right. Jerome Cohen is legendary for taking up the study of Chinese legal systems during the 1950s and 60s, when nobody else thought there was much point to it, and he was a professor to both Annette Lu and Ma Ying-jeou at Harvard in the 1970s. His opening chapter recounts some of his personal history pushing back against Taiwan's martial-law-era criminal justice system, and there are some eye-opening anecdotes in there. I did not know, for instance, that Cohen was instrumental in bringing a civil lawsuit in a Taiwanese court against the the killers of Henry Liu, and that he worked with future Kaohsiung mayor and DPP presidential candidate Frank Hsieh 謝長廷 to bring pressure on the KMT regime through its own court system.

William Alford and Chang-fa Lo are no slouches, either; Alford is a vice dean and director of East Asian Legal Studies at Harvard. Chang-fa Lo 羅昌發 was Dean of National Taiwan University Law School and served as a justice of the ROC Council of Grand Justices, Taiwan's constitutional court, from 2011-2019 (as a Ma Ying-jeou appointee). In 2020 he was appointed Taiwan's representative to the World Trade Organization by Tsai Ing-wen. So during his years of public service he has managed to receive support from both the blue and green camps.

Between them, they have assembled an extremely impressive group of legal scholars and practitioners to contribute 37 chapters on many aspects of human rights law in Taiwan. The authors are also a welcome mix of Taiwan- and overseas-based experts. This kind of international, English-language collaboration is hard to pull off, but the payoff comes from having Taiwanese voices featured prominently throughout the volume and a truly original set of sources and scholarship on this topic.  

***

I note in my review several things that make Taiwan's human rights regime unusual.

First, because of its diplomatic isolation, Taiwan isn't party to the key UN human rights conventions and treaties, but despite (because?) of that isolation, international law has been especially influential in the transformation of the human rights regime. For instance, in 2009 (when the KMT was the ruling party), the Legislative Yuan adopted into domestic law the two major human rights covenants, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), and empowered Taiwan's courts to nullify other legal statutes inconsistent with provisions in the two treaties. Several chapters also focus on the efforts to turn the Control Yuan into a human rights commission or ombudsman that would give it a role more in line with international practices in other liberal democracies.

Second, Taiwan's legal system still rests on the foundations of the 1947 Republic of China constitution. In a rather odd twist, the protections for human rights enshrined there were actually quite advanced for its time, and that has helped to strengthen civil liberties in the democratic era. In particular, the survival of the ROC constitutional framework gave the constitutional court an outsized role in shaping the pace and direction of human rights reforms: in the 1990s, the court began to breathe life into constitutional aspirations that went mostly unfulfilled during the pre-democratic era and set legal practices and protections on a more liberal trajectory.

Third, Taiwan's current legal system is a remarkable mix of at least three very different traditions:  Chinese Confucianism; European continental law (much of that itself first refracted through Japanese practice before coming to the ROC, or directly to Taiwan during colonial rule); and Anglo-American practices, most notably in the applications of US First Amendment jurisprudence to libel and free-speech cases. It is a truly unique concoction of influences, and as a result it is fascinating to watch debates over legal reforms play out there now.  

I came away from this book convinced that in addition to the economic and political "miracles" that get most of the attention in scholarship on Taiwan's ROC-era transformation, there is also a human rights miracle that deserves separate consideration. Taiwan and Human Rights will be an important reference for anyone interested in Taiwan's evolution from a serial violator of human rights to one of its most enthusiastic proponents. ​

The Hoover Project on Taiwan in the Indo-Pacific Region will host a virtual event tomorrow (register at the link), Tuesday, December 8 at 4pm, the Dynamics of Democracy in Taiwan: The Ma Ying-jeou Era.This event will cover some of the findings from a recent new book that I have co-edited with Yun-han Chu and Larry Diamond. We're fortunate to have three of the contributors to the book able to join us for the discussion. They are: 

Szu-yin Ho, Professor of Strategic and International Affairs at Tamkang University, Danshui, Taiwan, and the former  deputy secretary-general of the National Security Council during the Ma Ying-jeou presidency. He'll be speaking about the legacies of President Ma's cross-Strait policies. 

Austin Horng-en Wang, Assistant Professor of Political Science at UNLV. He'll provide some remarks about the emergence of Tsai Ing-wen as the unquestioned leader of the DPP during the Ma era. 

Shih-hao Huang, Post-Doctoral Fellow in political science at National Chengchi University, Taipei, Taiwan. He'll present data that show the challenges the Ma administration had getting priority legislation approved by the Taiwan's Legislative Yuan, despite enjoying a large KMT majority there for both his terms. He will also compare legislative success rates under Ma to the Tsai Ing-wen era, and reflect a bit on what the differences can tell us about executive-legislative relations in Taiwan. 

For more on the book, and a link to the first chapter, see this previous blog post. 

This will be the last event of the calendar year for PTIP. Keep an eye out for announcements about our 2021 activities, coming soon. 

Finally, on a personal note, this event is my first as the Program Manger of the Hoover Project on Taiwan in the Indo-Pacific. After being out of that role for over a year, as of November 1 I've stepped back in to take over the day-to-day management of the current incarnation of the Taiwan program at its new home at the Hoover Institution. Many thanks to Glenn Tiffert for his great stewardship of PTIP over the past year while juggling many other responsibilities--including, not coincidentally, the China Global Sharp Power project.    

China's recent military bravado in the Taiwan Strait represents the end state of a failed strategy

The drums of war are growing louder in the Taiwan Strait. In the last month, at least 50 People’s Liberation Army (PLA) aircraft have entered Taiwan’s airspace. The volume of threatening language directed at Taiwan from sources in China, both official and unofficial, has reached a crescendo, and the headlines in the news grow more alarmingeach month. In the United States, mainstream foreign policy voices are now openly debating whether the U.S. should abandon strategic ambiguity and openly commit to defend Taiwan in the case of an attack — an idea advocated not so long ago by only a radical fringe.

​But these dire headlines are misleading: Beijing is not gearing up for an attack on Taiwan. It still has neither the capacity to launch a successful full-scale invasion, nor the motive to risk a conflict with the United States. In reality, the increasingly bellicose language coming from China is a sign of weakness, not strength, and a cover for the failure of its own Taiwan policy. Having thrown away most of its non-military leverage in a fruitless effort to compel Taiwan President Tsai Ing-wen to endorse its one China principle, Beijing has now been reduced to counter-productive saber-rattling to express its discontent at U.S. arms sales and high-level diplomatic visits, while Taiwan races to strengthen its own defenses and reorient its economy away from overdependence on mainland China. In short, Xi Jinping’s approach to the “Taiwan issue” has turned into a strategic fiasco — one that may take years for Beijing to recover from...

It's alive! This book volume on Taiwan politics during the Ma Ying-jeou years (2008-2016), which I've edited with Chu Yun-han and Larry Diamond, just arrived in the mail from Lynne Rienner Publishers this weekend.

This is our attempt at a deep dive into various aspects of Ma-era politics, including party politics and elections, political institutions and governance challenges, trends in public opinion and democratic values, civil society and social movements, and cross-Strait and US-Taiwan-PRC relations. This look at the Ma years parallels somewhat our earlier book on the Chen Shui-bian era.

We were fortunate to be able to assemble a great group of contributors for this book--about half based in Taiwan and half abroad--who offer a variety of perspectives on the politics of the Ma years. The scholarship here draws on years of conferences, papers, and conversations that started even before President Ma left office, including with some of the key participants in and outside of the Ma administration. (Chapter 15, for instance, is by Szu-yin Ho, who served for two years as deputy Secretary-General of Ma's National Security Council.) This sort of cross-national collaboration is less common than it should be (in part because it's logistically hard to pull off!), but I am convinced the final product is much stronger for it.  

Among the many great contributions here, let me especially highlight three that provide original, provocative answers to important questions about the Ma era:

• In Chapter 3, Austin Wang explains how Tsai Ing-wen emerged from obscurity as unrivaled leader of the DPP during its years in opposition, despite having never previously held elected office;
• In Chapter 4, Nathan Batto shows how President Ma's recurrent troubles with the legislature had more to do with deep divides within the ruling KMT than they did with the obstructionist tactics of the opposition DPP and with Ma's party rival, Speaker Wang Jin-pyng;
• In Chapter 7, Isaac Shih-hao Huang and Shing-yuan Sheng demonstrate that having a majority in the Legislative Yuan does not mean a party has complete control over the Legislative Yuan, and that the legislature's decentralized law-making process makes it challenging for the executive branch to get high-priority legislation approved, whether or not the president's party holds a majority. 

For more thoughts on those issues and a broader overview of the book, check out the introductory chapter, which is available ungated from the publisher's website. 

If Tsai Ing-wen is superstitious, she should be worried: second term presidents in Taiwan appear to be cursed. Much like President Tsai, her predecessor Ma Ying-jeou started his second term on a confident and triumphant note. But over the next four years, he faced a relentless series of political crises, including an intraparty power struggle with Legislative Yuan Speaker Wang Jin-pyng, massive protests against the death of a military conscript and construction of a nuclear power plant, and of course the Sunflower Movement occupation of the legislature, which effectively halted cross-Strait rapprochement with Beijing. President Ma’s approval ratings bottomed out at record lows, and he stepped down in 2016 on the heels of a sweeping electoral defeat of the ruling Kuomintang (KMT), ultimately having accomplished little in his last years in office.

Somehow, Chen Shui-bian’s second term was even worse. The controversy around his re-election victory in 2004 robbed him of whatever political momentum he might have enjoyed, and he spent most of his remaining tenure fending off vicious partisan attacks, anti-corruption accusations in the press, massive street rallies by his opponents, and impeachment attempts in the legislature. In his attempt to keep core pro-independence supporters on his side, President Chen pursued a brash symbolic agenda that deliberately provoked the pan-Blue opposition, infuriated Beijing, alienated even potential allies in Washington, and left him politically isolated. In the 2008 elections, his Democratic Progressive Party (DPP) paid a steep electoral price, and after his term was finally over, Chen ended up in handcuffs: the corruption accusations turned out to be true, and he was sentenced to a long prison term.

The rest of this piece continues at Taiwan Insight.

​Tsai Ing-wen and the DPP are headed for a historic victory in Saturday’s elections, and the battle has already begun to define the narrative about what that means. One fairly common refrain is that this likely outcome will presage a fundamental realignment of the party system around issues beyond the blue-green divide over cross-Strait relations.
 
I’m skeptical that we are about to see this kind of realigning election, despite the attention given to the campaigns of the so-called “Third Force” parties. I’m also skeptical that this result will be the death knell for the KMT as a political party capable of winning elections. The KMT's coming defeat clearly reflects deep unhappiness with Ma Ying-jeou and the KMT’s rule over the last eight years, intensified by a spectacularly ill-timed economic downturn over the last few months (at least if you are a KMT member!) But an unpopular leader, toxic party brand, and disillusioned supporters are not fatal to major party survival, as the DPP showed after its 2008 electoral thrashing. So while a KMT recovery is not assured, and will at a minimum require some major leadership shakeups, we shouldn't expect the party simply to fade away, and for all those pan-blue supporters (still at least 30 percent of the electorate) to suddenly become fans of the DPP or one of the new parties.

Of course, I could be totally wrong--I'm just some guy on the internet, after all. But either way, we'll know a lot more soon: elections have a nice way of splashing everybody with a cold dose of reality. The results of the election this Saturday will give us the most concrete evidence we'll have to evaluate these competing narratives. So, in the interest of intellectual honesty, let me lay out my own expectations about what will happen, and what it means. Beyond who wins and loses, here's what I'll be watching most closely to see where Taiwanese politics is headed.

One of the major advantages the DPP has had over the KMT in this election cycle is its cooperative relationship with the smaller upstart parties on its flanks: the Taiwan Solidarity Union (台聯), the Social Democratic Party-Green Party (社會民主黨 － 台灣綠黨) alliance, and above all the New Power Party (時代力量).

The TSU is the DPP's traditional ally, and the two worked fairly closely together in 2012 to coordinate nominations: the TSU avoided running candidates against DPP nominees in the districts, and the DPP encouraged deep green voters to consider casting a party list vote for the TSU. That strategy paid off for the pan-green camp when the TSU won 8.96% of the party list vote, which returned it to the LY after a four-year absence. And in the districts, the DPP candidates won all but four constituencies that Tsai Ing-wen carried (and six that she didn't.)

Unfortunately for the TSU, it isn't looking so hot in the polls right now and probably won't win the five percent of the party list vote it needs to retain seats in the legislature. It's likely to be replaced by the NPP, which was founded only about a year ago and is running several high-profile candidates in district races. This could have been a major problem for the DPP: a new pan-green party with a strong pro-independence slant and brash leadership, targeting the same youth vote that the DPP is counting on to help it win a majority in the LY, and without a past history of coordination in elections.   

Instead, the DPP leadership recognized this threat early on and worked out a cooperation agreement: the party would yield several districts to the NPP (only three, as it turned out), and the NPP would only campaign in those districts to avoid splitting the pan-green vote elsewhere. The arrangement has worked well enough that Tsai Ing-wen is even showing up to appear with some of the NPP candidates.

The DPP has pursued a similar approach to cooperation with candidates from other groupings, yielding several other seats to small parties. Via Solidarity.tw, here's the list of small-party candidates the DPP has endorsed:  

• Taipei 3: Billy Pan (潘建志), Independent
• Taipei 4: Huang Shan-shan (黃珊珊), People First Party
• Taipei 5: Freddy Lim (林昶佐), New Power Party
• Taipei 6: Fan Yun (范雲), SDP-Green alliance
• Taipei 7: Yang Shih-chiu (楊實秋), Independent
• ​Taipei 8: Lee Ching-yuan (李慶元), Independent
• New Taipei 9: Lee Hsing-chang (李幸長), Independent
• New Taipei 12: Huang Kuo-chang (黃國昌), New Power Party
• Taoyuan 6: Chao Cheng-yu (趙正宇), Independent
• Taichung 3: Hung Tzu-yung (洪慈庸), New Power Party
• Taichung 5: Liu Kuo-lung (劉國隆), TSU

11 seats seems like a lot to yield, right? Isn't this a costly signal that the DPP is willing to weaken its shot at a majority in order to defeat the KMT and forge a broad coalition in the LY? Well, let's step back and see just how crucial these seats are to a DPP majority. Here's the list of district seats ranked by how large Tsai Ing-wen's lead or deficit was in 2012, with the yielded districts marked in yellow (all of them are currently held by the KMT): 

Remember that the DPP needs about 41 district seats to win a single-party majority in the LY. Notice where almost all the yielded seats lie? Below #41. Waaaaay below, in fact. If some of these seats go to third-party candidates, the DPP is already going to have a majority all by itself.

I noted this in a previous post, but it's worth reiterating here: this is smart politics by the DPP. They're ceding races that are not very competitive to third parties and independents in exchange for non-compete agreements in the critical races in the 25-45 range. (In fact, this ranking probably understates just how difficult some of these seats are: Taipei is more reliably blue than the rest of the island, so the swing toward Tsai there is likely to be lower than elsewhere.)

How Much is One District Worth?
One "yellow" district is high up the list, though, and it's a very interesting one: Taichung 3 is ranked #30. What's going on there? The NPP has nominated Hung Tzu-yung, and the DPP is not running a candidate. Like the NPP candidates elsewhere, Hung is already a well-known figure in Taiwan: she is the sister of Hung Chung-chiu (洪仲丘), a military conscript who died in July 2013 as the result of harsh punishment by his superiors. (The incident triggered large protests, the resignation of the Minister of National Defense, and the rapid passage of a far-reaching reform of the military justice system.)

​By generic partisan lean, Taichung 3 is by far the most competitive district of any the DPP has yielded; a swing of just 2.33% toward Tsai would turn it green. If Hung can run anywhere close to Tsai's 2016 total in this district, she should win it easily. So, of the NPP candidates running for district seats, it's Hung, not Huang Kuo-chang (in New Taipei 12) or Freddy Lim (in Taipei 5), who is best positioned to win in 2016.

It's likely that the threat of NPP candidacies in critical races elsewhere gave them the bargaining power to get the DPP to yield Taichung 3, and as a result they're well-positioned to win at least one district seat, in addition to whatever they get from the party list. From the DPP's perspective, this is a good trade as well: they cede one competitive district for a full non-compete agreement everywhere else. And with one prominent exception, the deal has held. ​

The Curious Case of Hsinchu City
​That exception is Hsinchu City, where the DPP Legislative Yuan party caucus leader Ker Chien-ming (柯建銘) is running against both the KMT nominee Cheng Cheng-chien (鄭正鈐), a city council member, and the NPP's Chiu Hsien-chih (邱顯智). Ker is widely disliked by the NPP's core supporters, and Chiu has refused to withdraw from the race, creating the possibility of a serious pan-green split in the vote. With a big enough swing (11-12%) toward Tsai, this seat could be competitive, but it's likely to be close even then, so Chiu's candidacy could well be fatal to Ker's chances.

What's especially intriguing about this race is the possibility of an ulterior motive for the NPP, and possibly some elements of the DPP, too. As party caucus leader, Ker is in line to be the next speaker of the LY if he wins re-election, and he's likely to try to block any meaningful reforms of the cross-party negotiation mechanism (政黨協商) that has given the current speaker, Wang Jin-pyng, tremendous influence over the legislative process. That in turn could prevent Tsai Ing-wen from getting much of her policy agenda through the LY. I have no idea if Chiu's campaign is a deliberate strategy to take out Ker, but from the NPP's point of view, preventing Ker from winning re-election might just be worth splitting the pan-green vote and throwing the seat to the KMT. Some of that animosity clearly comes from Ker's long history of deal-making in the LY and his role as the key DPP member in closed-door cross-party negotiations. For instance, it's easy to forget that he was actually at the center of the special influence case that caused the open rift between Wang Jin-pyng and Ma Ying-jeou--it was a case against Ker that Wang leaned on prosecutors not to appeal.

By the way, isn't it curious that Ker is fighting for re-election in such a tough place for the DPP? (Tsai lost here in 2012 by 21 points.) How did this happen to the party caucus chair?! Ker was previously a party-list legislator for two terms, so by DPP party rules he has to run in a district now. Unlike the KMT, which flagrantly violated its own rules to allow Wang Jin-pyng to run for a third time as a list legislator, the DPP didn't yield on this point. But why Hsinchu? Well, that's where Ker is originally from; he won several consecutive races there under the old SNTV system. Now that the electoral system has changed to single-member plurality, though, he's got a much tougher challenge.

I'm a bit surprised that Ker didn't manage to parachute into an easier district somewhere else. The fact that he's not only running in Hsinchu but also facing a challenge from the NPP suggests some significant opposition to him from elsewhere within his own party. But if he overcomes the odds and wins his race, he is going to owe Tsai Ing-wen very little, and he may have a political axe to grind with her or some other elements of the DPP for putting him in such a tough position. If he ends up as LY speaker, he could quite plausibly be a DPP version of Wang Jin-pyng during the Ma era: a powerful and independent-minded leader whose first priority is protecting his own interests, not those of the president or his party. Given how badly that turned out for Ma Ying-jeou and the KMT, this race could have an outsized impact on relations between Tsai and the DPP caucus in the LY after the election. It's worth watching closely. 

UPDATE 2015.12.30: Shortly after I wrote this, allegations of vote-buying were levied against the local KMT branch and its candidate, Cheng Cheng-chien, for holding a free public banquet in a local night market for KMT members and local residents. Pretty brazen, and stupid.  

In my previous post, I argued that the DPP's vote share in the legislative district races was likely to track Tsai Ing-wen's vote share fairly closely. From that basic intuition, I came up with a rank list of seats indicating how many districts the DPP would win with a given vote share for Tsai. That forecast rested on several assumptions:

1. There wouldn't be a very large incumbent advantage for KMT legislators;
2. Tsai's increase in vote share over 2012 would be uniform across districts;
3. The electorate voting for president would look essentially the same as that voting for the legislature.

I spent much of the last post defending assumption 1. Here I want to relax assumption 2, that Tsai's vote share is going to increase uniformly across all districts. That's certainly not going to be true in a technical sense, but to what degree will it be violated? The conventional wisdom about Taiwan's electoral geography is that the the north is more solidly blue than other parts of Taiwan, so the KMT's vote share will decline less in Taipei than in, say, Tainan or Pingtung. But how much less is hard to predict.

Let me put the punch line up front: I don't think Tsai's increase in vote share is going to vary much by locality. Evidence follows after the jump.

The Taiwan Democracy Project will hold its next seminar of the fall on December 1, in conjunction with the new U.S.-Asia Security Initiative at the Asia-Pacific Research Center at Stanford. The speaker is Cortez Cooper, a senior international policy analyst at the RAND Corporation. He will be speaking about potential changes in cross-Strait relations and China's security strategy in light of the upcoming 2016 presidential and legislative elections in Taiwan. The event is free and open to the public; you can register at the event page.

​The talk is entitled: "Of Paradigms, Politics and Principles: The 2016 Taiwan Elections and Implications for China’s Security Strategy and Cross-Strait Relations." Details are below.

Just about everyone with an interest in Taiwan has weighed in on the coming meeting between Ma Ying-jeou and Xi Jinping, abruptly announced on Tuesday. My own reaction: it's a big deal mostly for the symbolism, and there's not a lot of substance likely to come out of it. Thoughts in order:

1. This is not really about the 2016 elections in Taiwan. A lot of observers have suggested this is an attempt by President Ma and the KMT to influence the upcoming elections. I don’t think it is. The KMT is likely to lose the presidential election no matter what they do, in part because Ma Ying-jeou is a very unpopular incumbent. For the party to have a chance, the new KMT nominee Eric Chu needs to distance himself from Ma as much as possible. Ma’s meeting with Xi will knock Eric Chu off the front pages for a week and remind everyone that Ma Ying-jeou is still the president. I don’t see how that’s helpful to the KMT’s election chances.

2. This is a good thing for Taiwan's next leader. There's speculation that the meeting instead will serve to lock in the improvements in the cross-Strait relationship that have accrued under Ma, and somehow constrain Tsai Ing-wen's room to maneuver. Maybe, but I don't see how this will really harm a DPP president. Beijing is setting a precedent here for future meetings with whoever the directly elected leader of Taiwan is--note that Ma is meeting Xi as "Taiwan leader," not the chair of the KMT (a role he no longer holds), and the special emphasis on meeting as equals, right down to calling each other "Mr." and splitting the bill for the meal! That's a principle that adds to the legitimacy of the office of President of the Republic of China on Taiwan, and in turn makes it harder for Beijing to sustain the claim that a non-KMT president is illegitimate and that direct engagement is therefore inappropriate.  

3. This is less about Ma, and more about Xi. These kinds of events are often the result of years of diplomatic maneuvering. A meeting with Xi Jinping has been a goal of the Ma administration for several years. It would be a symbolically powerful capstone to his legacy of improving Taiwan’s ties with the PRC. In fact, it could have happened over a year ago at the 2014 APEC meeting in Beijing. From what I can tell, it didn’t because leaders in Beijing rejected the idea. For it to happen now suggests that something has changed on the PRC side of the relationship, not the Taiwan side. 

4. This is part of a larger diplomatic initiative by Xi. It’s useful to place this action by Beijing in a larger context. Xi Jinping recently completed a successful visit to the UK, and just last week premier Li Keqiang attended an important trilateral meeting with the leaders of South Korea and Japan in Seoul. Beijing also recently received a delegation from the Vatican. So the meeting with Ma fits into a larger pattern recent of conciliatory gestures by the Xi foreign policy team toward major players in the region and beyond. Again, it’s not as much about Ma as about what’s going on in Beijing.

5. The meeting will probably be long on symbolism, short on substance. The historical symbolism is striking, but the meeting is unlikely to have significant practical consequences. President Ma is not in a position to offer any meaningful concessions, and cannot credibly commit to any deals that might be struck, since he’d have to get them approved by the legislature, and he’ll be out of office in just a few months. The more important steps have already been taken: the leaders of the official agencies of the two sides—the Mainland Affairs Council in Taiwan, the Taiwan Affairs Office in Beijing--have already met in person before, and they communicate regularly. Under Ma, Beijing and Taipei have signed over 20 agreements to institutionalize aspects cross-Strait interactions. The fact that ordinary Taiwanese can get on a commercial flight in downtown Taipei and be in Shanghai in two hours is far more consequential than anything that is likely to come out of the meeting on November 7.