Signed into law on April 10, 1979, the
Taiwan Relations Act (TRA, Public Law 96-8) was born of the need of
the United States to protect its significant security and
commercial interests in the Republic of China (ROC) on Taiwan in
the wake of President Jimmy Carter's termination of diplomatic
relations and a mutual defense treaty of 25 years. Provoked by the
lack of prior consultation and the inadequacy of the Carter
Administration's proposed legislation, lawmakers from both parties
in Congress worked together to craft a bill that truly tackled the
challenge of allowing for diplomatic relations with mainland China
while maintaining all substantive relations with Taiwan.
The
Taiwan Relations Act has played an indispensable role in shaping
American policy toward Taiwan and U.S. strategy in Asia. It
represents America's best ideals and safeguards fundamental
security and commercial interests. The TRA is unique in purpose and
form. It is the only law to govern nearly every aspect of U.S.
relations with a foreign government in the absence of diplomatic
relations. The TRA sets forth clear policy goals and establishes an
institutional framework sufficient to meet those objectives.
The
Taiwan Relations Act has proved to be a surprisingly effective
guide for U.S. policy. Over the past 20 years, the TRA has allowed
the United States to preserve peace, promote freedom, and maintain
flexibility in balancing its relations and interests with
governments on both sides of the Taiwan Strait. It has been a
source of clarity and consistency for U.S. policy from
administration to administration, Democrat and Republican alike. It
has maintained its relevance and effectiveness in the face of
changing politics at home and in Taiwan, and remains an important
safeguard against any administration's sacrificing U.S. interests
in Taiwan in pursuit of improved relations with China.
By
deterring aggression by the mainland, the United States has
protected Taiwan from being forced into negotiations with China
under the threat of armed attack or other forms of coercion. The
TRA maintains the stable and secure environment within which Taiwan
has become one of the world's leading free-market democracies. The
legal and policy framework created by the TRA has allowed the U.S.
government and the American people to enjoy substantive relations
with the governments and people on both sides of the Taiwan Strait.
None of this would have been possible, as Ronald Reagan noted in
1980, had it not been for "the timely action of the Congress,
reflecting the strong support of the American people for
Taiwan."
Today, as President Bill Clinton works to
create a strategic partnership with China, many in Congress are
concerned, as were their colleagues in 1979, that such a
partnership may come at the expense of Taiwan's security or other
American commitments outlined in the TRA. It is an appropriate time
for Members of Congress to reflect on the masterful language of the
TRA that has maintained a consistently clear expression of American
interests and policy. The prescience of the authors of the TRA is
demonstrated by how well this 20-year-old language fits the new
challenges of today.
Faithful Implementation of the TRA
To
honor American commitments made under the Taiwan Relations Act,
Congress and the Clinton Administration together should strive to
enhance Taiwan's freedom and security. For 20 years, the TRA has
provided a security umbrella that has facilitated Taiwan's
impressive economic expansion and democratization. To protect these
gains and continue faithfully to implement the TRA, the United
States should:
-
Urge China to renounce the use
of force against Taiwan.
This is consistent with the longstanding U.S. insistence that
Taiwan's future be determined by peaceful means.
-
Sell Taiwan missile defense
system and technology.
Considering China's provocative military exercises and
tests of nuclear-capable missiles near Taiwan in 1995 and 1996, and
China's increased deployment of missiles near Taiwan, providing
assistance for Taiwan's missile defense is both appropriate and
consistent with the TRA.
-
Actively support Taiwan's
membership in international organizations.
With a strong economy and vibrant democracy, Taiwan is clearly
prepared to make significant contributions to the international
community through institutions involved in trade, economic
development, and humanitarian assistance.
-
Promote Taiwan's democracy in
China and abroad.
Consistent with its interest in human rights on Taiwan,
the United States must properly recognize and reward the Taiwan
people for their success in establishing a democracy. One way to do
this is to treat Taiwan's leaders officially with the respect
appropriate to duly elected representatives of a thriving
democracy.
It
is up to Congress to keep America committed to the simple goals of
the Taiwan Relations Act--to deter aggression by the mainland,
promote economic freedom, and protect the human rights of the
Taiwan people. Ronald Reagan described American commitments under
the TRA as a "moral obligation" to a long-time friend and ally. The
United States must do all it can to help the democratic people of
Taiwan to live free from military coercion and to guarantee
Taiwan's ability to make an appropriate contribution to global
institutions that promote peace and prosperity.
The
Taiwan Relations Act is an example of American foreign policy at
its best. There is no better way to mark the 20th anniversary of
its enactment than to reaffirm the U.S. commitment to its honorable
goals and to restore clarity and consistency to America's China
policy.
Stephen J. Yates is a former Senior Policy
Analyst in the Asian Studies Center at The Heritage
Foundation.