A Research On The Treaty-Making Power Of The Taiwan Authority

In the traditional international law,the treaty-making power belonged to the sovereign states exclusively,the entities of sovereign state didn't have that.With the development of the international society,some entities will have a statue of restrictive treaty-making power after authorization of domestic constitution,for example,the state in some federal country and the Special Administrative Region.The Taiwan authority was no longer a sovereign state since 1949.It's only a entity of sovereign state,which should obey the domestic laws.But because of political opposition between the Cross-Strait,the domestic laws don't have a clear provision about the treaty-making power of Taiwan authority.Meanwhile,the Taiwan authority exercises the treaty-making power all the time,signing different agreements with different country/regions.On the one hand,it does can meet the need of Taiwan's development;but on the other hand,it's also for the factual recognition of international society.Using comparative analysis,comparing and analyzing the theory and practice of Taiwan's treaty-making power with other local entities' treaty-making power,it can sum up the scope of treaty-making power of the Taiwan authority.First of all,the Taiwan authority' treaty-making power shall not violate the One-China framework,which is the basic principles of the Constitution Law of People's Republic of China.From this,the signing body and the signing content of the Taiwan authorities' treaty-making power must not exceed their rightful scope of status and not exercise the treaty-making power that are exclusively for the sovereign state;Secondly,due to the influence of cross-strait relations,the domestic law grants the Taiwan authorities' treaty-making power only in a specific way of authorization,or we can learn some classes from the decisive supervisory power of federal states to supervise the implementation process of treaty-making power of Taiwan authority.