EDITORIAL:
Cross-strait pact needs watchful eye
Cross-strait talks between Association for Relations Across the Taiwan Straits
Chairman Chen Yunlin (³¯¶³ªL) and Straits Exchange Foundation Chairman Chiang
Pin-kung (¦¿¤þ©[) are about to recommence. This round of talks will focus on
cross-strait investment protection and promotion agreements, which will relate
to the personal safety of hundreds of thousands of Taiwanese businesspeople
investing in China, and Taiwanese politicians need to keep a close eye on the
proceedings.
People from all over the world conduct business in China and even though
Taiwanese have an advantage- ¡X given their shared language and similar cultural
background ¡X there are still differences in the political and legal systems and
in the way business is conducted. In the past, Taiwanese investors in China have
become embroiled in disputes and faced personal risk, detention and arrest on
many occasions.
The risks extend even to big corporations. Taiwan¡¦s Shin Kong Mitsukoshi
Department Store became entangled in a dispute over its joint operation of Shin
Kong Place, resulting in Chinese security officials detaining Shin Kong¡¦s
general manager of Beijing operations Steven Wu (§d©ý¹F) as he was about to board a
plane back to Taiwan. There are also examples of Taiwanese seeing their
investments disappear overnight in China. True, some have been able to pull a
few strings and claw back some of the loss, but the vast majority find
themselves with no recourse and have to accept the risks of investing in China.
Of course, investing and doing business always carry risks and it is investors
who shoulder these risks. Taiwanese businesspeople have to prepare well in
advance, which means doing their homework on not only local laws and
regulations, market conditions and investment partners, but also on the
political climate. All the government can do is establish systematic guarantees
and arbitration mechanisms. However, even if an investment protection agreement
is signed, that does not mean it will help solve all commercial disputes.
Although these negotiations were started some time ago, observers are in the
dark about what form any agreement will take, aside from glimpses provided by
Chiang, who has revealed that it would involve a systematic and diverse set of
investment dispute resolution mechanisms. But will these mechanisms effectively
safeguard the rights of Taiwanese businesspeople? As the political systems and
human rights standards are different in Taiwan and China, Taiwan will have to
keep an eye on the issue of human rights guarantees. These include whether they
comply with international mediation options according to international practice,
as well as the requirement to notify relatives within 24 hours of detention, a
reporting system, family visitation rights, the right to consult with a lawyer
and the right to have one present during interviews.
There is another aspect to this. After an investment protection and promotion
agreement has been signed, Chinese businesspeople will also be able to invest in
Taiwan. This will bring about huge changes for Taiwanese industry, and the
government and opposition need to agree beforehand on whether ¡§Chinese
investment¡¨ differs from ¡§foreign investment¡¨ in their definition of those
terms. They also need to decide what Chinese investors would be allowed to do
and how they are to be regulated. It is no good waiting until they have arrived
and then decide what coat they are to wear. By then it will be too late.
There is consensus between the governing and opposition parties on the need for
such an agreement; there is no argument there. However, they do have a shared
responsibility to ensure the final signed agreement can provide adequate
guarantees and recourse for Taiwanese investing in China. This agreement is
extremely important and it cannot be allowed to be signed, as others have in the
past, without first having been reviewed by the nation¡¦s parliament.
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