Chienhuei Wu - Academia.edu (original) (raw)

Papers by Chienhuei Wu

Research paper thumbnail of EU as a Global Actor: Examining the Eu's Role in the Unfccc

Research paper thumbnail of Foreign Directive Investment as Common Commercial Policy in the Post-Lisbon Era: Lesson from Austria and Sweden

Research paper thumbnail of FROM US-HKPA, HKHRDA TO HKAA: THE TURNINGS OF THE US' CHINA POLICY AND THE END OF HONG KONG'S FULL AUTONOMY

UCLA Journal of International Law and Foreign Affairs, 2021

This paper traces the evolution of the US’s laws and policies toward Hong Kong running through ... more This paper traces the evolution of the US’s laws and policies toward Hong Kong running through the United States-Hong Kong Policy Act (US-HKPA), Hong Kong Human Rights and Democracy (HKHRDA) to Hong Kong Autonomy Act (HKAA). The US-HKPA, enacted under the Clinton Administration, after the Tiananmen massacre but before the handover of Hong Kong, is a product of US’s China policy based on engagement policy. It represents a compromise between the Congress and Executive and reflects soft-law nature, of which the implementation is largely dependent on Executive discretion. After three decades of engagement polices and more than twenties of China’s resumption of sovereignty over Hong Kong, the US’ China policy gradually changes and has seen a significant turn under the Trump Administration. In the midst of US-China tension and with the bipartisan support from the Congress, the HKHRDA and HKAA strengthen the review, reporting and sanctioning mechanism on the human rights, democracy and autonomy in Hong Kong. Nonetheless, the Trump Administration decision to suspend the preferential treatment of Hong Kong under the US laws on the ground of the erosion of high degree of autonomy guaranteed by the Sino-British Joint Declaration and HKBL poses questions about legality and legitimacy under public international law and WTO law. We argue that the US’s sanctions against individuals and entities in undermining Hong Kong human rights, democracy and autonomy can be justified based on international human rights law given its limited scope, special designation and effectiveness and proportionality. We also argue that the trade related measures can be justified under general exception (public morals) and national security exception. We observe that the termination of preferential treatment based on separate customs territory status may cover four dimensions: rule of origin, tariffs, export control and currency. We submit that there is little guidance from GATT/WTO law on ‘full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement’, historical and comparison approaches may be adopted in appreciating whether Hong Kong still enjoys full autonomy in sustaining its WTO membership by virtue of separate customs territory status.

Research paper thumbnail of BREXIT IN THE EYES OF EAST: HOW WILL IT RESHAPE EU/UK TRADE RELATIONS WITH EAST ASIA

European Foreign Affairs Review, 2020

Brexit reshapes not only the EU-UK relations but also impact their trade relations with Asia. Thi... more Brexit reshapes not only the EU-UK relations but also impact their trade relations with Asia. This paper explores possible directions of EU/UK trade relations with Asia, covering free trade agreements, bilateral investment treaty and the UK's potential participation in the CPTPP. This paper argues that a sense of competitive liberalization motivates their pursuit for trade opportunities with East Asia. The EU has to prove its continuous relevance in the international economic relations as the Brexiters allege it as a constraint for the UK to pursue active and flexible trade relations. In contrast, the UK has to fulfill its promise of Global Britain by delivering measurable progress in trade negotiations instead of renegotiating back what it has already enjoyed under the EU FTAs.

Research paper thumbnail of Treaty Validity after Diplomatic Cut-off: The Case of Taiwan- Panama FTA

Indiana Journal of Global Studies, 2021

This paper examines the legal status of a treaty after the termination of diplomatic relations be... more This paper examines the legal status of a treaty after the termination of diplomatic relations between two countries by using Taiwan-Panama FTA as a case study. This paper argues that the severance of diplomatic relations does not affect the legal relations of Taiwan-related FTAs. This paper puts forward two arguments in support of the continuous legal validity of the Taiwan-Panama FTA: from the perspectives of public international law and law of the WTO. Firstly, as the law of treaties provides, the severance of diplomatic relations shall not affect treaty relations of the parties concerned, as codified in Article 63 of the VCLT. According to this rule, which presupposes the existence of the States concerned, legal relations established by treaties and diplomatic ties are legally independent. Therefore, breaking off diplomatic relations does not affect the treaty relations. However, in light of the extinction of international legal personality, one may argue that if de-recognition of a State is the underlying rationale of the severance of diplomatic relations, the treaties between the parties would cease to have effect. For Panama, this reasoning may serve its purpose while Taiwan will never accept its statehood contingent upon Panama's recognition. Alternatively, even if one accepts that in the context of Taiwan-Panama relations, Taiwan would no longer be considered a State, the Taiwan-Panama FTA continues to have legal effect by virtue of Taiwan's status of separate customs territory, as evidenced by its membership in the WTO.

Research paper thumbnail of EU as a Global Actor: Examining the Eu's Role in the Unfccc

Research paper thumbnail of Foreign Directive Investment as Common Commercial Policy in the Post-Lisbon Era: Lesson from Austria and Sweden

Research paper thumbnail of FROM US-HKPA, HKHRDA TO HKAA: THE TURNINGS OF THE US' CHINA POLICY AND THE END OF HONG KONG'S FULL AUTONOMY

UCLA Journal of International Law and Foreign Affairs, 2021

This paper traces the evolution of the US’s laws and policies toward Hong Kong running through ... more This paper traces the evolution of the US’s laws and policies toward Hong Kong running through the United States-Hong Kong Policy Act (US-HKPA), Hong Kong Human Rights and Democracy (HKHRDA) to Hong Kong Autonomy Act (HKAA). The US-HKPA, enacted under the Clinton Administration, after the Tiananmen massacre but before the handover of Hong Kong, is a product of US’s China policy based on engagement policy. It represents a compromise between the Congress and Executive and reflects soft-law nature, of which the implementation is largely dependent on Executive discretion. After three decades of engagement polices and more than twenties of China’s resumption of sovereignty over Hong Kong, the US’ China policy gradually changes and has seen a significant turn under the Trump Administration. In the midst of US-China tension and with the bipartisan support from the Congress, the HKHRDA and HKAA strengthen the review, reporting and sanctioning mechanism on the human rights, democracy and autonomy in Hong Kong. Nonetheless, the Trump Administration decision to suspend the preferential treatment of Hong Kong under the US laws on the ground of the erosion of high degree of autonomy guaranteed by the Sino-British Joint Declaration and HKBL poses questions about legality and legitimacy under public international law and WTO law. We argue that the US’s sanctions against individuals and entities in undermining Hong Kong human rights, democracy and autonomy can be justified based on international human rights law given its limited scope, special designation and effectiveness and proportionality. We also argue that the trade related measures can be justified under general exception (public morals) and national security exception. We observe that the termination of preferential treatment based on separate customs territory status may cover four dimensions: rule of origin, tariffs, export control and currency. We submit that there is little guidance from GATT/WTO law on ‘full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement’, historical and comparison approaches may be adopted in appreciating whether Hong Kong still enjoys full autonomy in sustaining its WTO membership by virtue of separate customs territory status.

Research paper thumbnail of BREXIT IN THE EYES OF EAST: HOW WILL IT RESHAPE EU/UK TRADE RELATIONS WITH EAST ASIA

European Foreign Affairs Review, 2020

Brexit reshapes not only the EU-UK relations but also impact their trade relations with Asia. Thi... more Brexit reshapes not only the EU-UK relations but also impact their trade relations with Asia. This paper explores possible directions of EU/UK trade relations with Asia, covering free trade agreements, bilateral investment treaty and the UK's potential participation in the CPTPP. This paper argues that a sense of competitive liberalization motivates their pursuit for trade opportunities with East Asia. The EU has to prove its continuous relevance in the international economic relations as the Brexiters allege it as a constraint for the UK to pursue active and flexible trade relations. In contrast, the UK has to fulfill its promise of Global Britain by delivering measurable progress in trade negotiations instead of renegotiating back what it has already enjoyed under the EU FTAs.

Research paper thumbnail of Treaty Validity after Diplomatic Cut-off: The Case of Taiwan- Panama FTA

Indiana Journal of Global Studies, 2021

This paper examines the legal status of a treaty after the termination of diplomatic relations be... more This paper examines the legal status of a treaty after the termination of diplomatic relations between two countries by using Taiwan-Panama FTA as a case study. This paper argues that the severance of diplomatic relations does not affect the legal relations of Taiwan-related FTAs. This paper puts forward two arguments in support of the continuous legal validity of the Taiwan-Panama FTA: from the perspectives of public international law and law of the WTO. Firstly, as the law of treaties provides, the severance of diplomatic relations shall not affect treaty relations of the parties concerned, as codified in Article 63 of the VCLT. According to this rule, which presupposes the existence of the States concerned, legal relations established by treaties and diplomatic ties are legally independent. Therefore, breaking off diplomatic relations does not affect the treaty relations. However, in light of the extinction of international legal personality, one may argue that if de-recognition of a State is the underlying rationale of the severance of diplomatic relations, the treaties between the parties would cease to have effect. For Panama, this reasoning may serve its purpose while Taiwan will never accept its statehood contingent upon Panama's recognition. Alternatively, even if one accepts that in the context of Taiwan-Panama relations, Taiwan would no longer be considered a State, the Taiwan-Panama FTA continues to have legal effect by virtue of Taiwan's status of separate customs territory, as evidenced by its membership in the WTO.