Vice President Lien Chan this morning was invited to deliver a speech at the closing ceremony of the 68th Biennial Conference of the International Law Association, held at Grand Formosa Regent Taipei.
The full text of Vice President Lien's speech is as follows:
I am very happy to address this closing ceremony for the 68th Biennial Conference of the International Law Association. The government and people of the Republic of China are proud that this conference was held in Taiwan. We consider your presence among us this past week a distinct honour.
This biennial conference is one of the most important events in the international law community. We all have followed with great interest and have gained much from the reports and discussions that have taken place this past week. I believe that every conference participant will go home feeling inspired by the panel proceedings. They have shed a great deal of new light on subjects that deeply concern us all. Your efforts to explore such topics at this conference will surely contribute further to the development of this important field of law.
The mission of international law, as described in 1950 by Hersch Lauterpacht, is "to enhance the stability of international peace, to protect the human rights of every person, and to reduce the abuse of national power." When a legal system works well, disputes are largely avoided. As scholars and practitioners in the field of international law, you are keenly aware that devising and enforcing universal rules of conduct to achieve such objectives involves overcoming two principal barriers. The first is to legitimise such principles among a diverse community of nations. The second is to enforce them in the absence of a supranational enforcement mechanism. Surmounting these barriers requires the dedication of highly qualified experts such as you.
Experts of international law have a key role to play, not only in applying laws but also in influencing policy and law making. Though they frequently carry out this role behind the scenes, their impact is nevertheless significant. Law courts often seek their views as opinion leaders, although this is not always acknowledged in the final decisions. They are so influential that their writings serve as the basis for developing international law. The evolution of general principles of law by civilised nations, often enlightened by learned writers, results from an ongoing process of state practice. Inevitably, this leads to the emergence of new areas in international law-involving the environment, tele-communications, and human rights, to name just a few.
One important function of conferences such as this is to keep participants abreast of new developments and emerging trends in the field that are certain to elicit our continued attention during the coming century. One such trend is the increasing demand by new entities for representation in international bodies, conferences, and other legal groupings and processes. These new participants include sub-state entities, non-governmental organizations, corporations and even individuals who claim that the states to which they belong do not always adequately represent their interests. These new entities will surely help spur the development of new international norms.
The proceedings of this conference indicate that some leading jurists feel there is room for such views. They see international law as more than just a set of existing "rules" and immutable norms. These should be responsive to the needs of the system. Thus they claim that it is not particularly helpful to rely on the traditional "subject-object dichotomy" that runs through so much of the legal literature. It is more helpful and more realistic to view international law as a particular and dynamic decision-making process. Within that process there are various participants making claims across national boundaries with the object of maximizing diverse values. They hold that there are in fact no subjects or objects per se within the international legal system, only participants. Individuals are participants, along with states, intergovernmental organizations, sub-state entities, non-governmental organizations and corporations.
Conferences such as this one also heighten awareness of the challenges that the future holds for international law. During the Cold War era, the deliberations of international institutions and judicial bodies were restricted by the East-West polarity of world politics and tensions between developed and developing countries. However, today, many obstacles to the international lawmaking process and the implementation of laws have taken on new dimensions. Although states can do much on their own-for instance, adopting extraterritorial laws, using force or prosecuting war criminals-coordinated action is now more feasible than ever before. Global and regional treaties such as the Chemical Weapons Convention, the Convention on the Prohibition of Anti-personnel Mines, the Maastrict Treaty and the North American Free Trade Agreement are examples. International law must seek to embrace a growing range of forms, topics and technologies, as well as a host of new actors-all of which will present challenges to you as scholars or practitioners of international law.
Beholding this distinguished group before me today, I am optimistic about the abundant pool of talent and expertise you bring to such challenges. Article 38 of the Statute of the International Court of Justice authorises the court to apply "the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law." As the 21st century approaches, the task of developing international law for the next century is in your hands.
Before closing, I would like to congratulate the Chinese Society of International Law, particularly, President Hungda Chiu, for organizing such a successful conference. The reports and discussions held in the various sessions of this event were lively and fruitful. At the same time, the convivial atmosphere allowed us all to renew old acquaintances and make new friends.
As the curtain falls on the 68th Biennial Conference of the International Law Association, the government and people of the Republic of China wish each of you a safe and pleasant journey home, and every success in your endeavors. Most importantly, we look forward to welcoming you back to Taiwan again some day soon.
Thank you.