Reunifying Taiwan with China through Cross-Strait Lawfare

Abstract

Frames such as political warfare, sharp power and weaponized interdependence do not capture the full spectrum of China’s “reunification” operations targeting Taiwan, particularly in regard to the fundamental legal domain. Making use of primary materials and elite interviews, Beijing’s lawfare against Taiwan is examined as part of a matrix of military threats, covert infiltration and measures aimed at attracting Taiwanese public opinion. This study argues that China’s multi-domain Taiwan strategy should be understood as hybrid influencing. A foundational element of this strategy is Chinese lawfare, which can be boiled down to three axiomatic principles – namely, to reframe the relationship between Beijing and Taipei as an internal dispute, to close down Taiwan’s international space and to contain any right to self-determination. As distinct from Anglophone conceptions, Chinese lawfare seeks in essence to exploit the uncertainty of Taiwan’s status under international law to make strategic gains – maximally, “to win without fighting.”