Mun Background Guide. ICJ

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Mun background guide

Chinese-Taiwan conflict (UNSC)

Case studies:

1. Taiwan Relations act (TRA) 1979:


The Taiwan Relations Act (TRA) of 1979 stands as a pivotal piece of U.S. legislation,
strategically crafted in response to the normalization of diplomatic relations between the United
States and the People's Republic of China (PRC). This landmark legislation reflects a delicate
balancing act, wherein the U.S. aimed to uphold its commitment to the One-China policy while
simultaneously preserving its longstanding relationship with Taiwan. At its core, the TRA
underscores the United States' dedication to maintaining and strengthening unofficial ties with
Taiwan, even in the absence of formal diplomatic recognition. One of its most significant facets
lies in the assurance of Taiwan's security, as the Act pledges to provide the island nation with
defensive arms and services, emphasizing the commitment to helping Taiwan maintain a self-
defense capability. The establishment of the American Institute in Taiwan (AIT) exemplifies the
pragmatic approach taken by the U.S., allowing for the conduct of non-governmental relations
with Taiwan. The TRA is careful not to stipulate a date for the termination of U.S. support,
reflecting a commitment to stand by Taiwan as long as necessary. Furthermore, the Act
encourages the promotion of economic, cultural, and commercial relations between the United
States and Taiwan. As a legislative cornerstone, the Taiwan Relations Act has played a crucial
role in shaping the complex triangular relationship between the United States, Taiwan, and the
People's Republic of China, contributing to the maintenance of peace and stability in the region
while upholding the interests of all parties involved.

Citation: “The Taiwan Policy Act of 2022 The Taiwan Policy Act of 2022 promotes the security
of Taiwan, ensures regional stability, and det.” Senate Committee on Foreign Relations,
https://www.foreign.senate.gov/imo/media/doc/SBS%20Taiwan%20Policy%20Act%20FINAL
%2 0(1).pdf. Accessed 20 December 2023.

Citation for picture: “34. Taiwan Relation Act Signed on 1979/04/10 | History of Taiwanese American
(T.A. Archives.” 台美史料中心, 14 January 2016,
https://taiwaneseamericanhistory.org/blog/taiwan-relation-act-signed-on-19790410/. Accessed
20 December 2023
2. 1995-1996 Taiwan Strait Crisis
The 1995-1996 Taiwan Strait Crisis marked a critical juncture in cross-strait relations, bringing
heightened tension between the People's Republic of China (PRC) and the Republic of China
(ROC) on Taiwan. The crisis was triggered by Taiwan's President Lee Teng-hui's visit to the
United States, which Beijing perceived as a provocative move challenging the "One-China"
principle. In response, China conducted missile tests and military exercises in close proximity to
Taiwan, escalating fears of a potential armed conflict. The United States, concerned about
regional stability, responded by deploying two aircraft carrier battle groups to the area, a move
that showcased its commitment to Taiwan's security. The crisis prompted diplomatic efforts to
defuse tensions, with then-U.S. President Bill Clinton urging restraint on both sides. Eventually,
tensions eased, and a sense of normalcy returned. The crisis, however, had lasting implications,
highlighting the fragility of the Taiwan Strait's geopolitical landscape. It underscored the need
for nuanced diplomacy and a delicate balance between the interests of Taiwan, China, and the
United States. The events of 1995-1996 left an indelible mark on cross-strait relations, shaping
subsequent approaches to stability in the region and influencing the strategic calculus of the key
players involved. The crisis remains a testament to the complexities surrounding the Taiwan-
China relationship and the importance of diplomatic finesse in averting potentially catastrophic
outcomes in one of Asia's most sensitive geopolitical flashpoints.

Citation: Bi, Jianhai. The PCR Leadership Succession and Taiwan Policymaking: A Case Study of the
1995-96 Taiwan Strait Crisis. New Zealand, University of Canterbury, 2002. UC library,
https://ir.canterbury.ac.nz/items/8c8adac8-86ae-4b69-a1bb-41becbf00dcc.
Citation for picture: X 上的 Duan Dang:「China's military exercises in the 1996 Taiwan Strait Crisis.
https://t.co/9wRhOgkf5m」, 29 July 2019,
https://twitter.com/duandang/status/1155708531376394240. Accessed 20 December 2023.
3. Gulf war (1990-1991)

The Gulf War (1990-1991) marked a critical conflict in the Middle East, stemming from Iraq's
invasion of Kuwait on August 2, 1990. The United Nations Security Council (UNSC) emerged
as a pivotal force in responding to this act of aggression and restoring global peace and security.
Swiftly after the invasion, the UNSC, via Resolution 660, condemned Iraq's actions and
demanded an immediate withdrawal from Kuwait. With Iraq persisting in its occupation, the
Security Council escalated its efforts to address the crisis. Resolution 678, passed on November
29, 1990, played a crucial role by authorizing member states to use all necessary means to
compel Iraq's compliance with previous resolutions if it failed to withdraw from Kuwait by
January 15, 1991. Beyond merely sanctioning the use of force, the UNSC's involvement marked
the formation of a broad international coalition. Led by the United States and comprising
Western and Arab states, this coalition showcased the UN's capacity to foster multilateral
cooperation in response to a global threat. Operation Desert Storm, initiated in January 1991,
launched a comprehensive military campaign to liberate Kuwait, incorporating sustained air
assaults and subsequent ground offensives that successfully expelled Iraqi forces by the end of
February 1991. Resolution 686, adopted on March 2, 1991, solidified the UNSC's post-war role,
affirming Iraq's obligation to pay war reparations to Kuwait and underscoring the council's
commitment to addressing the consequences of aggression. While the Gulf War demonstrated
the UNSC's effectiveness in responding to specific threats, it also prompted questions about the
limits of its authority and potential challenges in post-conflict stabilization. Nevertheless, the
Gulf War stands as a significant case study, highlighting the UNSC's pivotal role in preventing
and resolving conflicts and its ability to mobilize international cooperation for the pursuit of
peace.

Citation: “Persian Gulf War | Summary, Dates, Combatants, Casualties, Syndrome, Map, & Facts.”

Britannica, 15 December 2023, https://www.britannica.com/event/Persian-Gulf-War. Accessed

20 December 2023.

Citation for picture: “Gulf War Snapshots 1990 - 1991 - NEGATIVE COLORS.” negative colors,
https://negativecolors.com/exhibitions/gulf-war-snapshots-1990-1991/. Accessed 20 December
2023.

4. The cold war (1940s-1990s)


During the Cold War, spanning roughly from the late 1940s to the early 1990s, the
United Nations Security Council (UNSC) faced significant challenges, rendering it often
an ineffective institution due to persistent discord between the United States and the
Soviet Union, the two major superpowers of that era. The ideological and geopolitical
rivalry between these Cold War adversaries permeated nearly every aspect of
international relations, including the functioning of the UNSC. Both the United States
and the Soviet Union possessed veto power, a privilege that allowed either to thwart any
substantive resolution. This veto power became a potent tool wielded by each
superpower to safeguard its interests and hinder the opposing bloc. Consequently, the
UNSC was frequently paralyzed, unable to take decisive action on critical global issues.
Conflicts and crises such as the Korean War and the Cuban Missile Crisis were marked
by the Security Council's inability to provide effective solutions due to the veto
dynamics. The bipolar nature of the Cold War created a tense and polarized atmosphere
within the UNSC, hindering its ability to fulfill its primary mandate of maintaining
international peace and security. The constant ideological and geopolitical competition
between the United States and the Soviet Union overshadowed the collaborative spirit
envisioned for the UNSC, contributing to a perception of the council as a forum where
resolutions were more likely to be blocked than adopted. This era of heightened
tensions underscored the limitations of the Security Council as an instrument for global
cooperation and conflict resolution during periods of intense great-power rivalry.

Citation: “United Nations Security Council | History & Members.” Britannica,


https://www.britannica.com/topic/United-Nations-Security-Council. Accessed 20 December
2023.

Citation for picture:


“United Nations Security Council | History & Members.” Britannica,
https://www.britannica.com/topic/United-Nations-Security-Council. Accessed 20 December
2023.

Prominent aspects:
1. The Anti-Secession Law (2005)
The Anti-Secession Law, enacted by the National People's Congress of the People's Republic of
China (PRC) in 2005, stands as a significant and contentious piece of legislation in the context of
cross-strait relations with Taiwan. This law formalized China's long-standing commitment to the
"One-China" principle, asserting its sovereign claim over Taiwan and stipulating that the use of
force would be justified if peaceful reunification were deemed impossible. The legislation was
seen by many as a direct response to the perceived pro-independence leanings of Taiwan's
government, particularly under President Chen Shui-bian. The Anti-Secession Law heightened
tensions in the region and drew criticism from the international community, including the United
States and Taiwan. Critics argued that the law threatened stability in the Taiwan Strait and
undermined prospects for peaceful reunification. Conversely, proponents of the law in China
viewed it as a necessary measure to safeguard national unity and deter any move towards
independence by Taiwan. The enactment of the Anti-Secession Law added a new layer of
complexity to cross-strait relations, serving as a legislative expression of China's determination
to prevent what it views as the separation of its territory. This law continues to be a focal point in
discussions about the delicate balance between Taiwan's desire for self-determination and
China's insistence on reunification, reflecting the enduring complexities of the Taiwan-China
relationship.

Citation: The Official Position of the Republic of China (Taiwan) on the People's Republic of China's
Anti-Secession (Anti-Separation) Law, https://www.mac.gov.tw/en/News_Content.aspx?
n=8A319E37A32E01EA&sms=2413CFE1BCE
87E0E&s=D1B0D66D5788F2DE. Accessed 20 December 2023.

Citation of picture: Daozu, Bao. “China's top legislature enacts historic law for peace.” China Daily, 15
March 2005, https://www.chinadaily.com.cn/english/doc/2005-03/15/content_424828.htm.
Accessed 20 December 2023.
2. Military Posture and Arms Sales
The military posture and arms sales dynamics in the context of the Chinese-Taiwan conflict
represent a critical facet of the intricate geopolitical landscape in the Taiwan Strait. China,
officially known as the People's Republic of China (PRC), maintains a robust military posture
with a significant focus on modernization and the enhancement of its military capabilities. This
includes the development and deployment of advanced missile systems, naval assets, and air
capabilities, reflecting its commitment to achieving reunification with Taiwan, which it considers
a renegade province. In response to the perceived military threat from the PRC, Taiwan,
officially known as the Republic of China (ROC), has adopted a defensive military posture.
Taiwan seeks to deter aggression through a combination of indigenous defense capabilities and
strategic partnerships, with a particular emphasis on asymmetric warfare strategies. Arms sales
to Taiwan have been a contentious issue, often contributing to heightened tensions. The United
States, bound by the Taiwan Relations Act, commits to providing Taiwan with defensive arms to
maintain a credible self-defense capability. These arms sales serve not only as a strategic
deterrent but also as a manifestation of the United States' commitment to Taiwan's security.
China vehemently opposes such sales, viewing them as interference in its internal affairs and a
violation of the One-China policy. The arms sales contribute to the delicate balance in the
Taiwan Strait, influencing the military equilibrium and affecting the overall stability of the
region. Discussions on military posture and arms sales in the context of the Chinese-Taiwan
conflict thus delve into the intricate interplay between national security considerations,
international relations, and the enduring quest for stability in one of Asia's most sensitive
geopolitical flashpoints.

Citation: Hammond, Rupert, et al. “Report: Chinese Reactions to Taiwan Arms Sales.” US-
Taiwan Business Council, 17 April 2012, https://www.us-taiwan.org/resources/chinese-
reactions-to-taiwan-arms-sales/. Accessed 20 December 2023.

Citation for picture: LEE, MATTHEW. “US approves new $500M arms sale to Taiwan as
tension from China intensifies.” AP News, 23 August 2023, https://apnews.com/article/us-
taiwan-china-invasion-threat-weapons-sales-military-fb9959dff57d5ac8fd2f8400316185b5.
Accessed 20 December 2023.
3. Cultural exchange and soft power

Cultural exchanges and soft power initiatives play a nuanced role in the complex dynamics of the
Chinese-Taiwan conflict, offering a channel for fostering understanding, mitigating tensions, and
influencing public perception. Despite the political rift between the People's Republic of China
(PRC) and Taiwan, various attempts have been made to promote cultural exchange as a means of
building bridges between the two entities. These initiatives encompass academic, artistic, and
people-to-people exchanges, allowing for shared experiences and exposure to each other's
cultural richness. While such efforts might serve as confidence-building measures, they also
underscore the divergence in political ideologies, historical narratives, and national identities
between China and Taiwan. Soft power, the ability to attract and co-opt rather than coerce, is a
critical component in this realm. Both China and Taiwan deploy soft power strategies to enhance
their global image and garner international support. China leverages its economic prowess,
cultural influence, and international initiatives like the Belt and Road Initiative to extend its soft
power reach. Taiwan, in turn, emphasizes its vibrant democracy, technological innovation, and
cultural exports such as films, music, and literature to carve a distinctive identity on the global
stage. However, the effectiveness of cultural exchanges and soft power initiatives in
ameliorating the conflict remains limited. The deeply rooted political divergence and historical
animosities often overshadow the potential positive impacts of cultural engagement.
Additionally, both sides must navigate the delicate balance between promoting their distinct
identities and finding common ground, making cultural exchanges a challenging but essential
aspect of the broader efforts toward peace and stability in the Taiwan Strait.

Citation: Taiwan's Soft Power and Public Diplomacy, https://d-nb.info/1065611412/34.


Accessed 20 December 2023.
Citation for picture: “China Steps Up Efforts to Influence Taiwan with Soft Power.” VOA
Learning English, 14 September 2019, https://learningenglish.voanews.com/a/china-steps-up-
efforts-to-influence-taiwan-with-soft-power/5079784.html. Accessed 20 December 2023.
4. US involvement

U.S. involvement in the Chinese-Taiwan conflict has been a defining factor in shaping the
geopolitical landscape of the Taiwan Strait. Anchored by the Taiwan Relations Act (1979), the
United States has played a pivotal role in providing diplomatic and military support to Taiwan
while officially recognizing the People's Republic of China (PRC) as the legitimate government
of China. The Taiwan Relations Act commits the U.S. to supplying Taiwan with defensive arms
to maintain a credible self-defense capability. This commitment acts as a deterrent against
potential aggression from the PRC and underscores the U.S. interest in preserving peace and
stability in the region. The U.S. Navy routinely conducts freedom of navigation operations in the
Taiwan Strait, emphasizing its commitment to the principle that the resolution of the Taiwan
issue should be peaceful and not coerced. The U.S. stance also acts as a counterbalance to
China's growing military capabilities and its assertive posture in the region. U.S. involvement in
the Taiwan Strait has been a source of contention with Beijing, which views it as interference in
its internal affairs. The evolving nature of the U.S.-China relationship, coupled with the strategic
significance of Taiwan, continues to shape U.S. policies in the region. The delicate balance of
maintaining peace and stability while navigating the intricacies of cross-strait relations
underscores the complexities of U.S. involvement in the Chinese-Taiwan conflict, with
repercussions reaching far beyond the confines of the Taiwan Strait.

Citation: Maizland, Lindsay, et al. “Why China-Taiwan Relations Are So Tense.” Council on
Foreign Relations, https://www.cfr.org/backgrounder/china-taiwan-relations-tension-us-policy-
biden. Accessed 20 December 2023.

Citation for picture: “In US-China Conflict, What Is the End Game for Taiwan?” The News Lens,
25 July 2020, https://international.thenewslens.com/article/138296. Accessed 20 December
2023.

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