ASEAN–Taiwan Law and Relations

This course will explore the legal system of Taiwan, officially known as the Republic of China (ROC), as well as its external relations with key trading partners such as ASEAN countries. Taiwan was ceded to Japan by the Qing Dynasty under the Treaty of Shimonoseki in 1895. The ROC was established in 1912 following the overthrow of the Qing Dynasty. According to the Cairo Declaration, the ROC resumed control of Taiwan after the Second World War. In 1949, following its defeat in the civil war by the Chinese Communist Party, which established the People’s Republic of China (PRC), the ROC government relocated to Taipei. In 1971, United Nations General Assembly Resolution 2758 transferred China’s seat from the ROC to the PRC, contributing to Taiwan’s unique status under international law.

Taiwan’s legal system is based on the ROC Constitution promulgated in 1947. The ROC implemented the Chinese legal system in Taiwan, which had been influenced by Japan during its administration. Germany and the United States have also significantly influenced Taiwan’s legal development, particularly in constitutional, civil and commercial law. The Legislative Yuan (Parliament) is Taiwan’s unicameral legislature. The Constitutional Court of the Judicial Yuan holds the power to interpret the Constitution. The Executive Yuan serves as the executive branch, with the Premier appointed by the President, who is elected every four years by universal suffrage. 

Today, Taiwan ranks among the largest Asian economies and operates as a vibrant democracy under a two-party system.In this SMU-X course, students will examine various aspects of Taiwanese law and explore Taiwan’s legal relationships with China, the EU, Singapore and the United States. They will gain practical experience by working with lawyers and legal counsel to address real-world legal challenges.

Please note: Supported by the Taiwan Studies Project Grant from the ROC Ministry of Education, this course does not include an overseas trip and does not fulfil SMU’s global exposure requirement. However, students will interact and engage in projects with legal and policy experts specialising in EU–ASEAN law and relations. The course will also incorporate SMU’s blended learning approach, which may include some online sessions.