Indigenous Law Journal

at the University of Toronto

Establishing Autonomous Regimes in the Republic of China: The Salience of International Law for Taiwan's Indigenous Peoples

Author:
Stephen Allen

Since the 17th century, Taiwan's Indigenous peoples have been ravaged by a series of Asian colonizers and their ongoing oppression has largely conditioned their present status and treatment within the Republic of China. This paper focuses on the impact successive colonial strategies have had on the Indigenous territorial base and the capacity of Indigenous peoples to protect and promote their discrete cultural identities. However, despite the continuing effects of colonialism, the restrictions imposed by the "Taiwan Question" and the hostility of Asian states to the concept of Indigenousness, Taiwan's Indigenous peoples have secured constitutional recognition and a Draft Indigenous Autonomy Law has been produced, which allows for the creation of Indigenous autonomous regimes. This paper seeks to critique the draft legislation in the light of existing and emerging international law, and to assess its viability as a mechanism for the delivery of effective Indigenous rights.

Bio:

STEPHEN ALLEN read law at the universities of Kent and Bristol before practising as a barrister in London. In 2001, he joined the Law School at Brunel University where he teaches public international law and land law. His main research interests include international law and human rights (particularly the areas of statehood, territoriality, self-determination and the rights of minorities and Indigenous peoples). He has written a number of journal articles in these areas. In addition, with Joshua Castellino, he co-wrote Title to Territory in International Law: A Temporal Analysis (Ashgate, 2003). He is currently working on his forthcoming book, International Law, Autonomy and Taiwan (Ashgate).

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