On 5 March 1994 the Standing Committee of the NPC promulgated an Act
for the Protection of Taiwanese Compatriots’ Investment, which pioneers the
legal protection of cross-strait economic communication. In 2008 the so-called
‘three links’ were agreed in the revived cross-strait negotiations: airway, marine
and postal direct communications across the Taiwan Strait recommenced after
a sixty-year interruption. Since then co-operation in the areas of food safety,
finance and customs has also been projected. But one of the most important
agreements is the Economic Co-operation Framework Agreement (ECFA),
signed on 29 June 2010 (effective as of 12 September 2010 ), which urges the two
parties to reduce tariffs and set up economic co-operation. Yet there is no
restriction of anti-dumping or anti-subsidies measures in the ECFA, implying
Taiwan is still free to use WTO mechanisms against the Chinese mainland. The
ECFA nevertheless includes a list of potential co-operations: intellectual property,
finance, trade, customs, e-business, industrial strategy, small business and the
exchange of representatives between economic and commercial associations.
41
Regarding ‘zero tariffs’, the ‘early harvest’ list of tariff concessions covers 539
Taiwanese products and 267 Chinese mainland goods. The advantage to
Taiwan would amount to billions of US dollars, while the Chinese mainland
could receive some in return.
42
Judicial reform
Judicial independence
According to Randall Peerenboom, ‘judicial independence is a multifaceted
concept’.^43 But at its basis, judicial independence, at least, requires judges to
decide cases without illegal interference from other parties. Peerenboom holds that
one prerequisite for decisional independence is that judges enjoy
personal independence, which requires that their terms of office be
reasonably secure; appointments and promotions should be relatively
depoliticised; judges should be provided an adequate salary and should
not be dismissed or have their salaries reduced as long as they are
performing adequately.
44For a long time, Chinese judges have been deemed in need of this prerequisite.
(^41) ECFA, Art. 6.
(^42) But the ECFA also raises questions surrounding Taiwan’s stance in the WTO. S. Winkler,
‘Can trade make a sovereign? Taiwan–China–EU relations in the WTO’ ( 2008 ) 6 Asia
Europe Journal 467.
(^43) Randall Peerenboom, ‘Judicial independence in China: common myths and unfounded
assumptions’, in Randall Peerenboom (ed.),Judicial Independence in China: Lessons for
Global Rule of Law Promotion(Cambridge: Cambridge University Press, 2009 ), p. 71.
(^44) Ibid., p. 71.