As there’s so little of it on the mainland, and now, as Beijing’s grip on HK gets ever tighter, that only leaves Taiwan flying the flag for Chinese human rights issues. A timely title. Here’s the abstract and TOC.
Taiwan and International Human Rights: A Story of Transformation (Jerry Cohen, Bill Alford, and Chang-fa Lo eds., 2019)
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Preface
In January 2017, one of the editors of this book, Jerome A. Cohen, delivered a public speech at National Taiwan University College of Law after he had served as a member of the international group of experts invited by the government of Taiwan to review its implementation of international human rights covenants. In his speech, he mentioned that based on his personal experience and his participation in the review, Taiwan has much to share with people in other parts of the world about its experiences in transforming itself from historically having had an authoritarian legal and political structure into what is now a vibrantly democratic society.
Spurred by this, we decided to put together a book to tell the story of Taiwan’s performance in various fields of human rights from various perspectives. We are pleased that local and international scholars and other experts, many with a long history of writing about human rights, readily accepted our invitation to participate in this volume. They were enthusiastic about the opportunity to elaborate from a theoretical and/or practical vantage point areas of human rights protection with which they are familiar. In addition to the introductory chapter coauthored by the editors of this book, we have collected 37 chapters from authors representing a broad range of perspectives and topics, with some authors finding many developments to laud, while others instead emphasize the need for improvement.
Readers will find that there have been events, governmental decisions, and judicial decisions positively or adversely affecting human rights protection. Different views exist as to the proper way of achieving higher standards of protection. But one thing that is shared by all of the authors is that human rights treaties have played a key role in the case of Taiwan. There is a broad consensus among the authors in this volume that in the case of Taiwan, these treaties have contributed importantly to facilitating the transition from an authoritarian regime to a real democracy, even as Taiwan remains outside the “jurisdiction” of these treaties. We hope that this book will provide a useful example for the discourse of human rights protection in developing countries, for the discussion of practical and legal issues raised by human rights treaties, and for demonstrating how such treaties can help States Parties as well as nonparties to promote human rights.
…
Table of contents (38 chapters)
- Introduction—An Overview
Cohen, Jerome A. (et al.)
Pages 3-17
- Taiwan’s Political-Legal Progress: Memories of the KMT Dictatorship
Cohen, Jerome A.
Pages 19-29
- Asian Values, Confucian Tradition and Human Rights
Li, Nigel N. T.
Pages 33-50
- Human Rights and Transitional Justice: Taiwan’s Adoption of the ICCPR and the Redress of 2/28 and Martial-Law-Era Injustices
Roth, Brad R.
Pages 51-66
- The Battlefield of Transitional Justice in Taiwan: A Relational View
Chen, Chun-Hung (et al.)
Pages 67-80
- Frozen Trials: Political Victims and Their Quest for Justice
Huang, Cheng-Yi
Pages 81-96
- Towards an Analytical Framework of Constitutionalism in East Asia: The Case of Taiwan
Lin, Chien-Chih
Pages 97-111
- A National Human Rights Commission for Taiwan?
Huang, Mab
Pages 115-128
- Establishing a National Human Rights Institution—Taiwan in Global Trends
Liao, Fort Fu-Te
Pages 129-153
- The Control Yuan and Human Rights in Taiwan: Towards the Development of a National Human Rights Institution?
Caldwell, Ernest
Pages 155-172
- “All the World’s a Stage”: Taiwan’s Human Rights Performance and Playing to International Norms
deLisle, Jacques
Pages 173-206
- Isolated but not Oblivious: Taiwan’s Acceptance of the Two Major Human Rights Covenants
Chen, Yu-Jie
Pages 207-225
- Taiwan’s Human Rights Implementation Acts: A Model for Successful Incorporation?
Chang, Wen-Chen
Pages 227-247
- The Problems with the Incorporation of International Human Rights Law in Taiwan
Teng, Yean-Sen
Pages 249-273
- The Approach of Introducing International Human Rights Treaties into the Interpretation of Constitutional Provisions in Taiwan
Lo, Chang-fa
Pages 275-288
- Rights Advocacy Through Simulation: The Genius of the Constitutional Court Simulation in Taiwan
Su, Yen-tu
Pages 289-304
- The Role of NGOs in Monitoring the Implementation of Human Rights Treaty Obligations
Huang, Song-Lih (et al.)
Pages 305-319
- Personal Reflections on the Taiwan Human Rights Review Process
Nowak, Manfred
Pages 321-327
- Killing in Your Name: Pathology of Judicial Paternalism and the Mutation of the “Most Serious Crimes” Requirement in Taiwan
Kuo, Ming-Sung (et al.)
Pages 331-348
- A Silent Reform of the Death Penalty in Taiwan (R.O.C.)
Li, Rong-Geng
Pages 349-365
- A Core Case for Judicial Review–Protecting Personal Liberty in Taiwan
Lin, Frederick Chao-Chun
Pages 367-381
- From Suppression to Real Freedom of Expression in the Open and Plural Society of Taiwan—The Constitutional Court’s Role in This Progress
Su, Hui-chieh
Pages 383-401
- Freedom of Movement in Taiwan—A Local Development to Meet International Standards
Li, Jeffrey C. F.
Pages 403-422
- Configuration of the Notion of Privacy as a Fundamental Right in Taiwan—A Comparative Study of International Treaties and EU Rules
Ho, Chih-hsing
Pages 423-436
- Who Shall Judge? Taiwan’s Exploration of Lay Participation in Criminal Trials
Lewis, Margaret K.
Pages 437-453
- The Right to Health in Taiwan: Implications and Challenges
Wu, Chuan-Feng
Pages 457-469
- The Evolution of Environmental Rights in Taiwan
Lin, Chun-Yuan
Pages 471-494
- Human Rights and Climate Finance—How Does the Normative Framework Affect Taiwan?
Shih, Wen-Chen
Pages 495-518
- Constitutional and Legal Dimensions of the Right to Food in Taiwan: The Long March Toward Normative Internalization and Realization
Lin, Ching-Fu
Pages 519-537
- Tobacco Investment and Human Rights: A Challenge for Taiwan’s ICESCR Implementation in Its Foreign Investment Policy
Lin, Tsai-Yu
Pages 539-557
- Human Rights and Intellectual Property Protection: Their Interplay in Taiwan
Lee, Su-Hua
Pages 559-577
- When Women’s Human Rights Encounter Tradition in Taiwan
Lo, Chang-fa
Pages 581-591
- LGBT Rights in Taiwan—The Interaction Between Movements and the Law
Kuan, Hsiaowei
Pages 593-607
- National Apology and Reinvigoration of Indigenous Rights in Taiwan
Tsai (Awi Mona), Chih-Wei
Pages 609-623
- Local Images of Global Child Rights: CRC in Taiwan
Shee, Amy Huey-Ling
Pages 625-642
- People Over Pandas: Taiwan’s Engagement of International Human Rights Norms with Respect to Disability
Alford, William P. (et al.)
Pages 643-659
- On the Road to Equal Enjoyment of Human Rights for Persons with Disabilities: The Development of Domestic Laws in Taiwan and Their Dialogue with the CRPD
Sun, Nai-Yi
Pages 661-678
- Constitutional Dynamics of Judicial Discourse on the Rights of Non-citizens: The Case of Taiwan
Lee, Yi-Li
Pages 679-696
