Implementation of Taiwan relations act : issues and concerns : hearings before the Subcommittee on Asian and Pacific Affairs of the Committee on Foreign Affairs, House of Representatives, Ninety-sixth Congress, first session, February 14 and 15, 1979

United States. Congress. House. Committee On Foreign Affairs. Subcommittee On Asian And Pacific Affairs

Sujets

• United States
• Taïwan

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• Publié par: les_archives_du_savoir
• Nombre de lectures: 11
• Langue: English
• Poids de l'ouvrage: 10 Mo

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ACT:RELATIONSTAIWANOFIMPLEMENTATION
CONCERNSANDISSUES
HEARINGS
THEBEFORE
ONSUBCOMMITTEE
AFFAIRSPACIFICANDASIAN
OF THE
AFFAIRSFOREIGNONCOMMITTEE
REPRESENTATIVESOFHOUSE
CONGRESSNINETY-SIXTH
FIRST SESSION
197914 AND 15,FEBRUARY
Foreign Affairsonthe Committeeuse ofPrinted for the
OFFICEPRINTINGGOVERNMENTU.S.
1979WASHINGTON :
52_949ACT:RELATIONSTAIWANOFIMPLEMENTATION
CONCENSANDISSUES
HEARINGS
THEBEFORE
ONSUBCOMMITTEE
AFFAIRSPACIFICANDASIAN
OF THE
AFFAIRSFOREIGNONCOMMITTEE
REPRESENTATIVESOFHOUSE
CONGRESSNINETY-SIXTH
SESSIONFIRST
197914 AND 15,FEBRUARY
Affairson ForeignCommitteeof thefor the usePrinted
OFFICEPRINTINGGOVERNMENTU.S.
: 1979WASHINGTON
52_949COMMITTEE ON FOREIGN AFFAIRS
CLEMENT J. ZABLOCKI, Wisconsin, Chairman
FOUNTAIN, North Carolina WILLIAM S. BROOMFIELD, MichiganL. H.
FASCELL, Florida EDWARD J. DERWINSKI, IllinoisDANTE B.
DIGGS, Jr., Michigan PAUL FINDLEY, lUlnoisCHARLES C.
Yotk JOHN H. BUCHANAN, Jr., AlabamaBENJAMIN S. ROSENTHAL, New
LARRY WINN, Jr., KansasLEE H. HAMILTON, Indiana
BENJAMIN A. GILMAN, New YorkLESTER L. WOLFF, New York
GUYER, OhioJONATHAN B. BINGHAM, New York TENNYSON
YATRON, Pennsylvania ROBERT J. LAGOMARSINO, CaliforniaGUS
CARDISS COLLINS, Illinois WILLIAM F. GOODLING, Pennsylvania
SOLARZ, New York JOEL PRITCHARD, WashingtonSTEPHEN J.
Washington MILLICENT FENWICK, New JerseyDON BONKER,
Massachusetts DAN QUAYLE, IndianaGERRY E. STUDDS,
ANDY IRELAND, Florida
DONALD J. PEASE, Ohio
DAN MICA, Florida
MICHAEL D. BARNES, Maryland
WILLIAM H. GRAY III, Pennsylvania
P. HALL, OhioTONY
HOWARD WOLPE, Michigan
MississippiDAVID R. BOWEN,
IndianaFLOYD J. FITHIAN,
\
John Bradt, Jr., Chief StaffJ. of
Linda Q. Silver, AaaiatantStaff
Pacific AffairsSubcommittee on Asian and
WOLFF, New York, ChairmanLESTER L.
TENNYSON GUYER, OhioDAN MICA, Florida
PRITCHARD, WashingtonP. HALL, Ohio JOELTONY
GOODLING, PennsylvaniaC. DIGGS, Jr., Michigan WILLIAM F.CHARLES
GUS YATRON, Pennsylvania
YorkSTEPHEN J. SOLARZ, New
Palmer, Subcommittee Staff DirectorEdward J.
Minority ConsultantJon D. Holstinb, Staff
AssociateD. W. Nelson, StaffChristopher
AssociateJambs J. Pbzystdp, Subcommittee Staff
(IDPREFACE
President Carter completed the work of 7On December 15, 1978,
predecessors, by announcing the establishmentyears, and of two of his
People'sthe United States and theof full diplomatic relations between
effectiveJanuary 1979.Republic of China, tobe 1,
stepsthe time, the United States undertook theseAs was clear at
ofemotions, for in order to recognize the People's Republicwith mixed
tiesthe government of the mainland, we had to sever formalChina as
on Taiwan.friend and ally, the Republic of China,with our longtime
onfollowing hearings were conducted by the SubcommitteeThe
parallelAsian Pacific Ailairs in February to supplement andand
Affairs. Bothheld simultaneously by the Committee on Foreignthose
issuessets of hearings detailed the concerns dominating the many
being asked tosurrounding normalization, which the Congress was
Relations Act.^ratify, in effect, through the vehicle of the Taiwan
CONGRESSIONAL CONCERNS
the triangular re-Thus, while the many strategic issues inherent in
the Peo-lationship between the United States, the Soviet Union, and
the following hear-ple's Republic of China were discussed in detail in
the Congress as aings, as well as in the committee hearings, and in
to Taiwan in thewhole, the central debate was over two areas relating
were, first, concern overadministration's proposed legislation. These
notification of the ending of thethe security question in the wake of
and Taipei, and second,Mutual Defense Treaty between Washington
well-being of the people on Taiwanhow the future economic and social
unofficial relationship.would be promoted under the new,
general proposition, normalizationAll witnesses agreed that as a
and People's Republic of China was abetween the United States the
inevitable one, which, if properly carried out,positive step, a logical,
long-term interests in the world, includingcould serve to enhance our
the and stability in Asia.prospects for peace
ADMINISTRATION BILL SHORTCOMINGS
the originalHowever, the nonadministration witnesses agreed that
the securityproposals outlined by the administration failed to address
Taiwan, or of the private, com-concern, or the needs of the people on
of the new, unofficialmercial interests which were to form the bedrock
relationship.United States-Taiwanese
wasearly months the normalization debate, primaiy focusIn the of
for thefinding adequate, though unofficial, substituteplaced on an
cast pos-Treaty. A recent lower court decision hasMutual Defense
Defense Treaty,the immediate future of the Mutualsible doubt on
1980.^technically, remains in effect until January 1,which,
signed into^ Taiwan legislation adopted by the Congress andSee app. 5 for text of the
law President Carter on Apr. 10, 1979.by
2 Defense Treaty.app. 4 for complete text of the MutualSee
(lU)IV
Whatever the outcome of this legal situation, which involves serious
constitutional and parliamentary issues, in February, a compromise
was worked out by tlie House and Senate with the aclministration,
along the lines of the legislation introduced by Senators Kennedy and
Cranston, and in the House by myself, as chairman of the Asian and
Pacific Affairs Subcommittee.^ The details of this legislation are
fully covered in the first of the following hearings, with statements
from Senators Cranston and Kennedy, and in dialog between subcom-
mitteemembers and administration witnesses.
BACKGROUND TO COMPROMISE
As a result of the normalization agreement between the United
States and China, the United States met Peking's longstanding "three
conditions," the "derecognition" of Taipei, the tennination of the
Mutual Defense Treaty, and the withdrawal of U.S. forces from Tai-
wan. In return, the United States retained the right to continue to sell
Taiwan defensive arms and to cany out the full range of nonofiicial
relations. In particular, the United States was assured by Chinese
officials including Deng Xiaoping that it could follow the so-called
Japanese Formula for continued economic and social relations Avith
Taiwan.
These public assurances dovetailed with those enunciated privately
when 1978.*the subcommittee visited Peking in July At that time.
Vice Premier Deng indicated that China was prepared to do what it
could to foster peaceful conditions of settlement between Peking and
Taipei. However, the Vice Premier then, and in his subsequent journey
to Washington this January, repeatedly refused to rule out the use of
force, if ultimately necessary, to reunite Taiwan and the mainland.
While there was thus some give and take between Washington and
Peking, in which the subcommittee played some part, problems im-
mediately arose following the President's announcement due to China's
refusal to rule out the use of force against Taiwan. This, coupled with
the agreement by the administration to terminate the Mutual Defense
Treaty, made Congress aware of the need to reassure the private and
business communities—in addition to the people on Taiwan—that the
with-Taiwan legislation would help safeguard the island's security
out the "umbrella'' of security implied by the defense treaty.
wasAn additional problem—one wholly unnecessary, in my view—
negotia-the issue of prior consultation, during the final stages of the
totions. This issue has been fully aired, and there is no need
followingrepeat the many points raised during the debate, and in the
Presi-hearings.^ For the future, however, the concern remains that
policy "faitsdents will continue to present the Congress with foreign
obstructaccompli," in which we have a choice of either appearing to
or serving as a rubber stamp.
* Jonathan B. Eddison, Georgetown University Law Center, "The SeparationSee paper by
and the Termination of Treaties" 35 of the hearings), statement by Hon.of Powers (p.
Senator from Arizona "Analysis of Presidential Treaty "Termina-Barry M. Goldwater, U.S.
Department Memorandum" 122).tions' Argued in State (p.
* Mission to the People's Republic of China, Aug. 3-13,"A New Realism : Factfinding
Pacific Affairs, Government Printing Office,1978", by the Subcommittee on Asian and U.S.
1978.
s Chairman Clement Zabloekl and Hon.See app. 2, letter to President Carter from J.
Lester L. Wolflf, dated Dec. 19, 1978.COMPROMISE ACHIEVED
during which both theafter several vs^eeks of debate,In any event,
voting to rejectin effect ratified normalization byHouse and Senate
normalization agree-would have contradicted theamendments which
Peking, compromise version of theWashington and ament between
achieved.implementing legislation wasTaiwan
Kennedy-Wolff legislation, whichthe compromise was theKey to
section to help insure the maintenanceof an additionaltook the form
version,Taiwan's security. The Housein the area, as well asof peace
Foreignwas incorporated into thethan 100 cosponsors,with more
Likewise, thethe administration bill.Committee redraft ofAffairs
into its legisla--Cranston resolutionincorpora