The Taiwan Question:

Border Consciousness Intervened, Inverted and Displaced


Copyrightcopyright.gif (70 bytes)Joyce C. H. Liu

Graduate Institute for Social Research and Cultural Studies
Chiao Tung University, Taiwan


Joyce C.H. Liu, Nick Vaughan-Williams. eds. European-East Asian Borders in Translation. London: Routledge, 2014. 38-62.

ISBN-10: 0415831318; ISBN-13: 978-0415831314


 Introduction

Territorial borders in East Asia were settled in the last two centuries on the bases of the treaties after several major wars. These geographical and mathematical lines of division appear to be self-manifest and stable, but persistent border disputes, and the complex nationalist sentiments triggered thereby, reflect the fact that these borders are exactly the unresolved political problems leftover from the past. These national borders are by no means solely determined by the sovereignty of any single State, but by different external political positions and historical factors, both related to each of the neighbouring parties involved in the conflict and to remote global forces.[1] The fact that the border between two political entities is oftentimes intervened by external forces creates even more complex problems. The water border across the Taiwan Strait, for example, as a demilitarized buffer zone in an analogous mode to the DMZ, 38 degree parallel, between North Korea and South Korea, is interposed not only by the two great powers of US and USSR in the post war era, but also by US and PRC. The border consciousness is further strengthened as markers of national identities through domestic education and cultural policies to the effect that these borders, besides the control of exit and entry, function also as the checkpoint of inverted surveillance, sanctioning the activities and even thoughts in the domestic domain.

 

The internalized checkpoint, as the anchorage of identity and distinction, operates as strategies of governance and seeks its correlative markers through various forms of the visible, including national identity cards, passports, resident certificates, the birth places, the ancestral origins, the partisan positions, even the gradations of vowel sounds and the phonic variations between the dentilabial or the glottal sounds, and so on. The internal border consciousness also exercises as the mode of subjectification and could easily be observed in the lingering Cold War mentality in the post Cold War era in East Asia, not only in the obvious present-day tensions between North Korea and South Korea, between China and Taiwan, between mainland China and Hong Kong, but also within respective domestic domains. The reproduction of the border consciousness was reinforced by the political-juridical definition of bordered sovereignty and its policies of cultural governmentality, and such reproduction makes the reconciliation between the antagonistic states of East Asia impossible.

 

The aim of this chapter is to problematize the concept of political entities defined by the juridical positivist international law, a positivistic translation of the International Law according to the Jus Publicum Europaeum, and to point out that this concept of political entities does not match the on-going drastic mutations of societies formed over the passage of history. I shall first discuss the DMZ phenomena of the Korean case as well as the Taiwan case, and illustrate how the interventions of external forces affected the domestic security policy and constituted bordered Cold War mentalities that still linger in today¡¦s East Asian societies. Secondly, I shall examine how the Taiwan Strait Crises in the 1950s were over-determined by local as well as global complex instances, how these events were mainly the result of the contest of power both over East Asia and globally between US and PRC, and how these historical processes left lasting effects on the antagonistic mentality of the general public in domestic scenes that fended against one another as possible threat and danger. Thirdly, I shall illustrate how the Cold War structure and border consciousness still linger in East Asia in the post-1989 Era by providing a case of the recent disputes in Taiwan over the battle of the ¡¥language of Taiwan¡¦ and the ¡¥language of China¡¦. Through this case, we can see  how the internal strife mirrors and repeats the inversion of the security border across the Taiwan Strait. Fourthly, I analyse the paradox of the Taiwan question and question the positivistic jurisprudence in view of the changed situation of the societies.

 

In order to theorize the Taiwan question, I propose to re-think the concept of the nomos of the earth discussed by Carl Schmitt in his important book The Nomos of the Earth.[2] I suggest that we need to examine the role played by the nomos of the earth, not as the land-taking and space-inhabiting act or the multi-polar blocs suggested Schmitt, but as the norms created through the economy and dispositif of language policies in the public sphere to the extend that language forms partitions, occupation, classifications and exclusions. Language carries out the land-appropriation and land-holding activities of the imperialist and the colonial expansion through different levels of institutions. The building of modern Nation States in East Asia in the nineteenth and the twentieth centuries, though in reaction to the imperial expansion as well as the Cold War bloc strategy, also exercised this function of the statist appropriation and occupation of the space through language policies and language education basing on the juridical translation of the political border. The effect of the Cold War structure is then deeply rooted as the regime of the sensible, as discussed by Jacques Rancière (Rancière 1994; Rancière 2004), shared by the members within the society and exercises its logic of partition, separation and exclusion.[3] As a conclusion, I propose to acquire a topological vision of the state by constantly challenge and emancipate the boundaries and partitions exercised by language so that the place can welcome new comers as co-dwellers to form the community.

 

Inverted and militarized DMZ: the case of South Korea

The incident of Song Du-yul (송두율), as documented in The Border City II (Hong, 2009) by Hong Hyung-sook (홍형숙), made in 2009 and released in 2010, presented an exemplary case of the bordered mentality of the post Cold War condition not only in South Korea but also in East Asia in general. Song Du-yul, a political philosopher teaching in Germany during his 37-year exile, is a South Korean dissident figure. After he finished his doctoral studies in 1972, supervised by Jürgen Habermas, Song began to make his visits to North Korea, inspired by the idea of Ostpolitik, ¡¥change through rapproachement¡¦, that was emerging in West Germany in 1970s, with the sense of mission that he could serve as a bridge to help the mutual communication and understanding between the two Koreas. From 1973 onward, Song visited North Korea 18 times and joined the Workers¡¦ Party of Korea. He wrote articles on North Korea, and also organized large-scale protests in 1980 in Berlin protesting against the violent military suppression of the Gwangju Uprising. All these activities made him a leading progressive figure of the democratic movements in South Korea, but also a suspect of treason for the government. Upon his return to Seoul in 2003, he was soon detained by the National Intelligence Service, interrogated and held in custody for 9 months, and finally sentenced in 2004 as guilty of ¡§public enemy and Espionage¡¨ for having aided activities of the anti-state and pro-North Korea organizations, and had to serve the penalty of a 7-years¡¦ imprisonment. After his appeal, he obtained a five-year suspension and then left for Germany to resume his teaching. This charge was cancelled and he was sentenced as not guilty in 2008.[4]    

 

The documentary The Border City II acutely grasped the turmoil and the tensely aroused sentiments among the general public. The vehement resentment and suspicion triggered by Song¡¦s event, the indignant and self-righteous criticism, and the sharp hostility against anything that is associated with the colour ¡¥red¡¦, flooded rapidly and overwhelmed the entire society. The communist-phobia and the imperative of patriotism as depicted by the director Hong Hyung-sook are as real as it had been in the Cold War era. Song¡¦s objection to give up his German citizenship and his insistence to remain as a ¡¥border citizen¡¦ with bi-nationality, in this occasion, was even more intolerable to them. The media presented him as the ¡¥greatest spy¡¦ in South Korea since the end of World War II. Whether it was the conservative right wing or the progressive left, people began to question his moral status due to the ambiguity of his loyalty to South Korea. People from the conservative camps boldly expressed their opinions, when interviewed in the streets, that Song ¡¥should be treated with the highest penalty, even death¡¦ (The Border City II 2009). The progressive camps, on the other hand, demanded Song to apologize in public for his misconduct so that his case would not damage the image of the progressive party in the coming election. None of the human rights lawyers from the democratic camps, furthermore, was willing to stand up to defend for him. The camera captured the cruel and humiliating scene in which the crowded reporters besieged the car, crawling upon the front window, with non-stop flashlight on Song in the car.

 

South Korea had long ended the dictatorship of Chun Doo-hwan (전두환) and begun its democratic system since 1990s. The June 15th North-South Joint Declaration signed by the leaders of North Korea and South Korea in 2000 also had agreed, among other issues, to resolve the question of reunification independently and through the joint efforts of the Korean people. Following the example of the fall of Berlin Wall in 1989, the June 15th North-South Joint Declaration in 2000 appeared to indicate a relaxation of the hostility from both sides of the borders. Numerous families were reunited after the 50-year separation due to the result of the negotiations.  On the Freedom Bridge, 38th Parallel, that separates but also links the two sides of the DMZ zone, hang countless colourful cloth strips written with blessing words with nostalgic sentiments for the separated families and friends on the other side.

 

The Korean Demilitarized Zone, DMZ, turns out to be a unique aestheticization of the political will not merely of the two Korean States, but also of the Cold War between US and USSR-China. The DMZ, 250 kilometres (160 miles) long, approximately 4 km (2.5 mi) wide, is the terrain on which the law of armistice agreement was enforced since 1953, upon the closure of the Korean War. Though it is named the ¡¥Demilitarized Zone¡¦, it is in fact highly militarized, stationed and patrolled not only by the two Korean military forces, but also supported by US military forces on one side of the border, and USSR and PRC military forces on the other side. The Armistice Agreement in 1953 specified clearly what sorts of weapons and how many military personnel are allowed in the DMZ. Even though the North and the South Koreas agreed to withdraw their troops from the central front line, later it was discovered that there were four incursive secret underground tunnels crossing the DMZ dug by North Korea, the last one discovered in 1990. 

 

Intensely guarded from both sides, with the zone between the Northern Limit Line and the Southern Limit Line, the DMZ serves exactly as the buffer zone controlled by various forces and thus an ¡¥object¡¦ of international politics, as discussed by Carl Schmitt in the case of Germany as a ¡¥demilitarized zone¡¦ in 1925, though in different historical contexts (Ulmen 2003: 12). Even though each side acknowledges the demilitarization of the ¡¥border¡¦, the tense hostility and aggressiveness nevertheless traversed under the calm surface. The aggressive act did not only come from the North, but also from the South; moreover, it was not only expressed by the spokesmen representing the governments, but also and above all expressed in daily life experience with different degree of subtle variations among the general publics. As a buffer zone, the DMZ guards not only against the external threats and attacks, but also against internal instability, and therefore serves as an inward-directed security line penetrating domestic sectors of local societies. Song Du-yul¡¦s case ignited the violent but self-justified hatred among the civilians of the democratic society of the South Korea. The Cold War mentality was maintained and re-discharged in different displaced forms with psychological barricades in different corners of the society. Song deliberately returned to South Korea to test whether this society could free itself from the rigidity of opposition and accept him, after all the years of democratic practice. But in the end he had to face the open trial not only at the court under the National Security Act, but also by the entire population basing on the regime of the sensible, that is, their shared common moral feelings, political judgment, distribution of aesthetic tastes, partition of the rightful places in the society, and so on.  The ¡¥border city¡¦ in which Song insisted in inhabiting, a zone of ambiguity that blurred the demarcation of the two states, is too foreign to the citizens of the South Korea to come to terms with. 

 

Intervened and over-determined border: Taiwan Strait Crises in 1950s

An analogous case also took place in Taiwan. Lin Yifu (ªL¼Ý¤Ò), who gave up his graduate studies and joined the army as a captain in the ROC Army in Taiwan and was reputed as a patriotic student in the newspaper at that time, ¡¥defected¡¦ to Mainland China in 1979, by swimming from Quemoy (also know as Kinmen, Jinmen ª÷ªù) to the near by island Xiamen of the Fujian Province. [5] It was the year when the normalization between PRC and US was established, and PRC and ROC announced the agreement to cease the bombardment across the Taiwan Strait.[6] Lin later finished his doctoral studies at the University of Chicago in US, returned to China and became a leading economist, served as consultant to major international organizations, senior vice president of the World Bank and was elected a Corresponding Fellow of the British Academy in 2010.[7] But, more than two decades after the lifting of the martial law since 1987 and the opening of the communication across the Taiwan Strait, with the current massive population of Taiwanese merchants inhabiting in different cities in China, with over 1,500,000 people and 1295 million US dollars investment in the year of 2013, Lin was still denied his re-entry into Taiwan by the ROC government, not even to participate his father¡¦s funeral, due to the fact that the charge of desertion was still in effect. In a recent statement announced by the vice Minister of National Defense of ROC on the 17th of April, 2011, applying ¡¥the criminal law of the armed forces¡¦, a law instituted in 1940 during the Sino-Japan war, Lin¡¦s case was still identified as ¡¥the hindrance of military service¡¦ and shall be punished by either death penalty, life imprisonment or a sentence of at least 10 years in jail. The announcement also stressed that there¡¦s ¡¥no expiry date of the prosecution¡¦ in Lin¡¦s case (Kastner 2011). In January 13, 2014, the Prosecutor¡¦s Office of Martial Court of the Ministry of Military Defense still announced the routine warrant of the order for arrest for Lin at all police offices, airports and ports.[8]

 

The Taiwan Strait, a water border between PRC and ROC, is not only a highly militarized but also a highly politicized zone; more specifically, it has been used as the manoeuvring field between PRC and US. The distance between the island and the mainland ranges from 130 KM to 400 KM, with Quemoy located approximately 10 KM distance from Xiamen. When we now look back into the historical conjunctures of the two Taiwan Strait Crises in the 1950s, we realize that these events cannot be described as merely the continuation of the civil war between KMT and CPC that ended in 1949.  The political conditions of the Taiwan Strait Crises were complex and over-determined, and have to be examined in the global context, especially through the strategic balance of power between US and PRC. Loy Henderson, US Foreign Service officer and diplomat stationed in India, had already remarked that, after the second World War, the US international policies had become global in its nature. Truman¡¦s military disposition throughout the world was carefully planned. Taiwan¡¦s location is crucial in the traffic routes between Japan and South East Asia, including Philippine and Okinawa. Washington had decided to control Taiwan so that communist China would not take it as a springboard to extend the power of the communist camp (Chang 1990: 70-80). Various recent studies also have pointed out that what US and PRC were contending during the 1950s was the power over East Asia, and Taiwan happened to be the leverage of this power play between these two greater forces (Chang 1990; Garver 1997: 1-8, 112-147; Tucker 2005: 190).

 

In the first Taiwan Strait Crisis from 1954 to 1955, Taiwan was obviously utilized by Mao Zedong to hold back US¡¦s expanding control over East Asia.  Starting from the beginning of the Korean War, the 7th Fleece of US Navy officially positioned itself in Japan, South Korea, and Singapore. The 7th Fleet also moved its force to the Taiwan Strait on the 26th of June in 1950 to prevent PRC¡¦s military ¡¥liberation¡¦ of ROC in the confusion of the war. In addition, US started to seek alliance through the SEATO during 1953 and 1954. The Sino-American Mutual Defence Treaty, signed in 1954 between US and ROC, indicated the agreement that ROC maintains the legitimacy as the sole government of the whole of Mainland China and that US will aid and provide military support protecting ROC, including Taiwan and Pescadores, against the invasion of the communist China.

 

The intention of US to expand its military power over East Asia irritated Mao Zedong. Right after the ceasefire agreement on the DMZ and the closure of the Korean War signed at the Geneva Conference in July 1954, Mao Zedong sent a telegram to Zhou Enlai, stating the decision to ¡¥liberate Taiwan¡¦ in order to put an end to the military intervention of US in the East Asian regions.  The People¡¦s Liberation Army of PRC started to bombard Quemoy on September 3, 1954, and the tension was heightened to the point that there was a real threat of nuclear attack from US against PRC. The crisis was released at the Bandung Conference held in 1955 when Zhou Enlai declared that PRC sought only peace and had no intention to start a war against US, and expressed the willingness to discuss with US concerning the relaxation of the tension in the area of Taiwan. The Sino (PRC)-US Ambassadorial Talks began in 1955, first at Geneva and later in Warsaw, and lasted for 136 times till Kissinger¡¦s visits in 1971, opened the path for the normalization of US-PRC relations.

 

The second Taiwan Strait Crisis in 1958 proved once again that the status of Quemoy, as well as Taiwan, was used as the testing field and as object of manoeuvre concerning the US-PRC contest of power over East Asia.  Early studies on the 1958 Taiwan Strait Crisis by American scholars tend to suggest that Chiang Kai-shek successfully maneuverer the situation to involve Washington in a military confrontation with communist China, so that the KMT government can take the advantage of the enlarged scale of the battle to recover the mainland. According to these studies, Chiang Kai-shek was the one who made use of the subtle tension between US and PRC and controlled the key of the conflict to the extent that his diplomatic tactics far surpassed Mao Zedong. Chiang Kai-shek was the only winner in that event, while US was the total looser (Tsou 1959: 14-18, 23-24, 46; Eliades 1993: 345-346, 365; Soman 1994: 374-376, 378-398; Tucker 1994: 51-52; Taylor 2009). Other studies, however, suggested that US remained ambiguous in its policies toward the Taiwan question from the beginning of the 1950s. Even though US and ROC signed the Sino-American Mutual Defence Treaty in December 1954, following the Southeast Asia Collective Defence Treaties signed in September 1954, as a preventive and anti-communist act to contain the Chinese communist powers, claimed by US as the ¡¥common threat¡¦, from spreading over East Asian areas, Eisenhower and Dulles never promised to fight for ROC government if there was a real war (Chang 1990: 121, 136-145; Garver 1997: 112-114; Tucker 2005; 53-54). Recent studies based upon the release of Chiang Kai-shek¡¦s diary also testified that Chiang Kai-shek was not at all in control of the situation and was very frustrated by the changing policies of the White House, from Truman to Eisenhower, concerning the Taiwan Strait question. Chiang Kai-shek even declined the proposal to attack the mainland suggested by General Sun Li-ren and criticized his reliance on the US as unpractical and dangerous (Chang 2011: 633-658).

 

By 1957, US had rapidly strengthened the military forces of ROC government, including the Martin MGM-1 Matador, with W5 fission warhead, at the Taichung Ching-Chuan-Kang Airport that was reopened and expended in 1954, basing on the Sino-American Mutual Defence Treaty. Chiang Kai-shek had moved one-third of the military forces to the offshore islands, including Quemoy, Penghu and Matsu. Mao Zedong announced his decision to bombard Quemoy on the opening day of the Beidaihe meeting, the extended meeting of the CCP Politburo, on August 17, 1958. According to Mao Zedong¡¦s address to the people in Taiwan, this shelling was ¡¥an act of punishment¡¦ to check back US¡¦s ambition over East Asia (Ye 1988: 678-680).

 

But, the act to bombard Quemoy involved more complicated factors. 1958 was the year when the situation in Middle East became intense. The Hashemite Monarch of Iraq was overthrown by the pro-Soviet Arab Socialist Ba¡¦ath Party on July 14, 1958, and the US and British troops quickly moved into Iraq on July 15, 1958, to support the Hashemite government (Shen 2007: 85-86). Upon the intervention of the US and British armies that moved into Lebanon and Jordan, Mao Zedong announced the decision to shell Quemoy in order to show PRC¡¦s support to the Arabian people¡¦s war in the Middle East by holding the US¡¦s military forces in the Far East (Chen 2001: 185-186; Shen 2007: 649-656).  Mao¡¦s reason for the shelling in the name of the Middle East brotherhood, however, could not stand as the single motive because, before his declaration of bombardment, UK and US had recognized the new government and begun to withdraw their military forces from Jordan and Lebanon. Chen Jian therefore stated that, ¡¥by that time, the tension in the Middle East had already been greatly reduced¡¦, and that since early August, Washington and London had both ¡¥had begun to withdraw their troops from Lebanon and Jordan.¡¦ There was no longer the need to detain the US forces. ¡¥As a result, Mao¡¦s original rationale to shell Quemoy¡X¡¥to support the people in the Middle East¡¦¡Xwas no longer a valid justification for the decision¡¦ (Chen 2001: 172,181). Chen Jian further suggested, ¡§the logical interpretation ¡K can only be that [Mao] was driven by domestic political considerations¡¦ (Chen 2001: 181). Later that year on September 8, 1958, Mao said:

To whose benefit is the tense situation of Taiwan? ¡K Now our country is entirely mobilized. If there were thirty to forty millions people on the streets protesting in the event of the Middle East, now we can three hundred millions mobilized so that they can get some education and training. It would be good for the unification of the different democratic parties. Different parties can share the common goal. The resentment and unhappy experience from the past caused by the criticism could then be dispersed (Ye 1988: 416).

Mao was referring to the Hundred Flowers Campaign in 1957 in which the ¡¥rightists¡¦ inside the CPC suffered from severe persecuted. Mao¡¦s initiation of the Great Leap Forward as the next step for the ¡¥uninterrupted revolution¡¦ in 1958 indicated his intention to move away from the ideological and political fronts fought in 1957 and head toward the next revolution to catch up with USSR (Chen 2001: 204).

 

Yitzhak Shichor, a professor of political science and Asian studies at the University of Haifa and the Hebrew University Jerusalem, suggested a different aspect involved in the Taiwan Strait Crisis in 1958.  Shichor pointed out that even though China criticized the imperial ambition of UK and US during the event of Egypt¡¦s nationalization of the Suez Canal, China never really meant to get militarily involved in the Middle East. China¡¦s strategy was to gain more alliance from the Arabic nations and, from the total isolation from 1950 to1955, China gradually gained the recognition by seven countries from Middle East, including Egypt, Syria, Yemen, Iraq, Morocco, Algeria and Sudan after the Bandung Conference in 1955. As to the 1958 Taiwan Strait Crisis, Yitzhak Shichor suggested that the shelling of Quemoy was in fact an indication of the increasing friction between Beijing and Moscow (Shichor 1979: 89-96).

 

The changing situation in the Middle East in the 1950s testified the turnover of the greater power from UK and France to the hands of USSR and US. PRC in late 1950s was on the one hand beginning to alienate from USSR after Nikita Khrushchev¡¦s secret speech in 1956, at the 20th Party Congress, denouncing Stalin¡¦s purges, and on the other hand still working on the balance of power to contain US¡¦s expansion and to hold its military stations it established in Taiwan, Lebanon and other places all over the world. Mao said on September 5, 1958 that the Taiwan question is a strategy of ¡¥noose¡¦ (jiao-suo-zheng-ce µ±¯Á¬Fµ¦): ¡¥the neck of US was hung in the iron noose controlled by China. ¡K Where there is a US military base, there is a noose that hung itself up. ¡K The US made the noose, hang itself up and throw the end of the noose to China so that we can hold it¡¦ (Mao 1999: 407, 413; Ye 1988: 407; 413).

 

Considering the historical conjunctures in the global scene, Taiwan Strait Crises in the 1950s were symptomatic. Determined by various conditions, including the contest of power of PRC and US over East Asia as well as over Middle East, the domestic frictions caused by the Anti-Rightist movement in 1957, the competition and growing alienation between PRC and USSR, all made the site of Taiwan Strait a field of power play, while the reinforced border caused by the two crises left indelible marks on the communities located on both sides of the Strait.

 

Chen Jian observed that though the 1958 Taiwan Strait Crisis successfully mobilized the people, China paid a great price for it, including the worsened relation between Beijing and Moscow, the increased tension between China and US, the three-year famine and the unnatural death of two to three million people that resulted from the Great Leap Forward started in 1958. The ¡¥uninterrupted revolution¡¦ eventually ¡¥led to a greater disaster on the path toward Cultural Revolution¡¦ (Chen 2001: 204). Moreover, McCarthyism became an internalized and displaced regime of the sensible in communist China, but functioned in a reversed form. All relations or traces associated with US or Taiwan are viewed as dangerous and classified as ¡¥rightist¡¦ or ¡¥capitalist¡¦. Intellectuals were crudely persecuted under the classification. The ¡¥class contradiction¡¦ in the era of the Cold War divide took its shape that was determined by its opposite. The State holds its dominant position by fixing its internal ¡¥enemy¡¦ in order to stabilize its central power structure.

 

Taiwan on the other hand had become a typical example of the anti-communist camp, or communist-phobic state, shaped by US. Consequently McCarthyism functioned more effectively in Taiwan under the state of emergence, through executing the Martial Law and the Garrison Command. The Publishing Act in Taiwan, for example, which was established by the KMT Nanjing Government in 1930, went through two major revisions, the first in 1952 and the second in 1958, was one excuse to arrest people whose thoughts and behaviours were suspicious, and to put them in jail in the name of national security. There were numerous cases of intellectuals, publishers and reading groups members being accused, arrested, imprisoned or executed. Cases of murder or execution, under the crime of conspiracy or alliance with communist rebellious members or spies, amounted up to 4000-5000 people. More than 8000 people were kept life-imprisonment. The popular saying expressed the state of mind of that time: ¡¥There is a little ¡§jingzong¡¨ [office of the Garrison Command] in the heart of everyone.¡¦ The internalized border checkpoint functions not only against other people but also against oneself. The result of the Cold War Divide was that the history of the first half of the twentieth century, especially the parts associated with the Chinese leftist movement and the socialist revolution, were effaced from the history textbooks and from the memories of the people in Taiwan.

 

Post-1989 Cold War structure and border consciousness

As Étienne Balibar pointed out, the erasure of old borders or strategic ¡¥blocs¡¦ in recent decades after the disintegration of the Soviet Union does not prevent the emerging multiplications of borders in the heart of civic space that serve as collective and fetishist limit lines, separating identities and controlling population. Balibar suggested that these displaced forms of borders are actually remnants of historical records from the foundation of the modern nation-state. The proposal of European citizenship and Euro bloc in fact introduced the global capitalist monopoly into local economic system while at the same time revived the border politics implied in the definition of citizenship that is nationalistic in nature (Balibar 2004: 110).

 

The case in East Asia after the dissolution of the Soviet Union in 1989, though different from the situation in Europe, is analogous in various ways. In East Asia, the communication and the peace talk across the Taiwan Strait after the lifting of the martial law in Taiwan, or the end of the Cold War, likewise, does not suggest that the peace relation is really established. On the surface, the rapid growth of economic development in China in the 1990s and the commercial exchange across the Taiwan Strait, with huge increases in the business population in several big cities in China, seemed to depict a prospect of liberalist market and a harmonious collaboration on various fronts. But, the introduction of global capitalist monopoly created drastic change in Chinese societies, not only widening the gap between the rich and the poor, but also causing the irremediable friction between camps of the neo-liberalist intellectuals and the socialist intellectuals. Moreover, underneath the surface of economic growth and commercial exchange, nationalist sentiments were increased through the exposure of encounters. Taiwan in the 1990s appeared to be much more economically developed than Mainland China, while in 2000s the conditions seemed to have changed to the opposite. The nostalgia for the homeland cherished by those people who either immigrated to Taiwan in 1949 along with KMT government, or by the younger generations who held the cultural history as their own heritage, was soon shattered by the disillusionment at the sights of the people and the long-gone hometowns that they observed in early 1990s. The contrast between the two worlds on the two sides of the Strait intensified the conflicting and defensive mechanism on both sides for various reasons. 

 

The 1995-1996 Taiwan Strait Crisis in which PRC issued a series of missile tests to warn against President Lee Teng-hui¡¦s policy of Taiwan independence and to intimidate the run-up of the 1996 presidential election was one key moment that created severe antagonist feelings among Taiwanese people against PRC. The Anti-Secession Law (¤Ï¤Àµõ°ê®aªk)[9] ¡V passed by the third conference of the 10th National People¡¦s Congress of the PRC and ratified on March 14, 2005 ¡V was another incident that ignited once again the tension over the Taiwan Strait. As a whole, the Anti-Secession Law claims to promote the people-to-people contact as well as scientific, economic and cultural exchanges between PRC and ROC. But this law also prepared the ground for suppression through military force due to the fact that in the 8th Article it clearly states that the PRC State can use ¡¥non-peaceful action¡¦ if Taiwan declares independence so that the possibility for ¡¥peaceful unification is lost¡¦. In order to arrive at this preventative measure, the presumption behind the text is that: first, Taiwan is part of the territory of China and the current Taiwan question is a question left unresolved from the civil war of the 1940s; second, ¡¥safeguarding China¡¦s sovereignty and territorial integrity¡¦ is the common obligation of all Chinese people, including the ¡¥Taiwan compatriots¡¦; third, the Taiwan question is China¡¦s ¡¥internal affair¡¦ and subject to ¡¥no interference by any outside forces.¡¦ The Anti-Secession Law also specifies that, when the event occurs, the State Council and the Central Military Commission can ¡¥decide on and execute the non-peaceful means and other necessary measures¡¦ before they report to the Standing Committee of the National People's Congress (Lieberthal 2005; Zakaria 2005). This Anti-Secession Law also is reinforced through the expansion of the Second Artillery Force of the Chinese People¡¦s Liberation Army (PLA) and the enhancement of the ballistic missile infrastructure opposite Taiwan in the following years (see Stokes 2011).

 

Taiwan certainly does not agree with the PRC¡¦s territorial inclusion and the Anti-Secession Law reminded people¡¦s resentment against the gigantic and threatening power from China. The claim of national sovereignty, however, is by no means a settled issue and in fact creates heated polemical debates within Taiwan. The proponents of Taiwan nativist independent movement radically challenged the legitimacy of Chiang Kai-shek¡¦s ROC government that moved from Mainland China to Taiwan in 1949. They claimed that the history of Taiwan is entirely separate from that of Chinese culture and, defined according to the locale of Taiwan, its written history extends only for 400 years, paradoxically starting from Zheng Chenggong¡¦s settlement in Taiwan as a gesture of rejection of the Qing government and as the continuation of the previous Ming Dynasty that was overthrown by the Qing government. The ROC government, the one succeeded from the 1911 revolution that overturned the Qing Dynasty, is criticized by the Taiwanese nativists as a foreign regime, exiled from China, intruding and colonizing Taiwan as what the preceding colonial governments had done, from the Dutch, the Portugal, the Qing, to the Japanese governments.  The Democratic Progressive Party ratified a document concerning the ¡¥Resolution of Taiwan¡¦s Future¡¦ in its eighth annual national assembly on May 7-8, 1999 in Kaohsiung, declaring that the independence of Taiwan began in 1996, the year when the first popular presidential election in Taiwan was held.[10] Huang Kun-hui, the current chair of Taiwan Solidarity Union, also criticized the ROC constitution as a phantom constitution, a constitution drafted in Chiang Kai-shek¡¦s era, that still considers Mainland China as part of ROC¡¦s territory and sovereignty.[11] The old anti-communist position or communist-phobia attitude resumed and displaced by today¡¦s anti-China discourse upheld by the Democratic Progressive Party.

 

The sharp disputes and language battle in Taiwan in 2011 concerning the use of Romanization to replace Chinese characters demonstrated another typical example of the inverted and internalized security line that marks different territories and separates different loyalties. Huang Chun-Ming, a well-known Taiwanese novelist of the elder generation who was crowned as the representative of local Taiwanese writers because of his use of Taiwanese dialects in his depictions of down-to-earth and marginalized personage from small villages, complained in a conference on Taiwanese Literature about the translation of his works by the Taiyuwen promoters through Romanization that changed his work entirely.[12] While he was delivering his presentation, Chiung Wi-vun, an advocator for the Taiyuwen movement and a professor from the Department of Taiwanese Language and Literature of Cheng Gong University located in Tainan, stopped Huang¡¦s presentation and criticized him as ¡¥shameless¡¦ because he was using ¡¥the language of China¡¦ instead of ¡¥the language of Taiwan¡¦, so-called Taiyuwen.  The reasoning behind the Taiyuwen movement is that the ¡¥majority¡¦ of Taiwanese people use Taiwanhua in their daily lives, and therefore it should be the national language and the written script should reflect the phonic pattern and syntax of the spoken language through transliteration with Latin Romanization.[13]  Chiung Wi-vun Taiffalo (2005), as one of the chief proponents of POJ, along with people from the Presbyterian Church in Taiwan, insisted on replacing Han characters with POJ as Taiwanese national language. He argued that the marginalized regions of the Chinese Empire, such as Vietnam, Korea and Japan, respectively gained their independent national identity through de-sinolization, i.e., abandoning the use of Han characters and replacing them with Romanization, and therefore Taiwan should follow suit too (Wi-yun 2005: 1-25 and 88-142). He even stressed that the first Taiwanese literature, instead of the ones written in Chinese language in late nineteen century, was the ones written in POJ (Wi-yun 2005: 35-36).

 

The use of transliteration to render indigenous dialects or vernacular Taiwanhua with Latin alphabets dated back in the 17th century when the Dutch people first colonized Formosa (Taiwan) and used the transliterated version of the Bible to educate the indigenous people.[14]  The system of Pe̍h-ōe-jī (¥Õ¸Ü¦r POJ), the Romanization of the vernacular language, was later developed in the second half of the 19th century by the missionaries from the Presbyterian churches in southern Min province, first in Xiamen (Amoy) and then in Taiwan.[15] The Scottish missionary Thomas Barclay started the publication of Tainan Church News (Tâi-oân-hú-siâⁿ Kàu-hōe-pò) in 1885 using POJ, the first printed newspaper in Taiwan.[16] The KMT government banned the use of all dialects in 1969 in the wave of Chinese Cultural Renaissance in order to serve as a counter-force against the Cultural Revolution started in PRC. After the lifting of the martial law and the turnover of the government from the mainland-centered ideology to the nativist-oriented ideology in the 1990s, POJ education was promoted again, especially by representative figures from the Presbyterian Church.[17]

 

The paradox in the nativist POJ movement lies in the fact that so-called taiwanhua or taiyuwen, ¡¥Taiwan language¡¦, is also named as southern Min dialect, the language used in the southern area of the Fujian province where most early Taiwanese settlers immigrated from, starting from around mid-seventeenth century, when Zheng Zhilong and his son Zheng Chenggong recovered Taiwan from the Dutch colonial government.[18] The problem with the Romanization of the Taiwanhua is that the northern and the southern speakers of Minnanhua (Taiwanhua) dialectics have different pronunciations and it requires different phonic markers for the orthography of these different pronunciation systems. Moreover, the languages spoken in Taiwan, besides Taiwanhua and Mandarin (Beijinghua), also include Hakha language and aboriginal languages, such as Amis, Atayal, Paiwan, Bunun, Rukai, Puyuma, Tsou, Saysiat, Tao Yami, Thao, Kavalan, Taroko, Sakizaya and Seediq.[19] In addition to the above listed living languages used in Taiwan, there are 12 more aboriginal tribes and their languages that have not been officially recognized. There are more and more new immigrant workers from different parts of the world and settled in Taiwan as inhabitants. There is also the large population who used Japanese language in their early life during the Japanese colonial period, who were banned the use of Japanese in public after 1950s, and are still using it in their daily life and in their gatherings with old friends.[20] To transliterate with Romanization the different phonic system of these diverse spoken languages and to fulfil the function of communication would be a nearly impossible task.

 

The irony in the POJ project is also manifest in the fact that the task of Romanization was originally a practice by the colonial government with the purpose to educate and to transmit Christian doctrines as well as Western knowledge to the natives in Taiwan.  The Peh-oe-ji proponents renounced the long tradition of the written Han character and labelled the act to turn to the Latin alphabets as ¡¥de-colonization¡¦ while paradoxically subsuming its own position to the Christianization project of the British Empire. 

 

But, the real stake of this issue is that, while relying on the phonic system, the proponents for the Romanization of Taiwanese as national language not only do not count people with different phonic patterns but also sacrifices the multi-faceted dimension of the Chinese characters, its semantic associations, cultural allusions and the intertextuality of the written characters that have undergone a long history of mutations, capable of being super-inscribed, re-formulated, re-translated, usurped, and created, that is, to transgress all sorts of borders through the play of language. To claim national sovereignty basing on the visibility of the phonetic territory of the language is to fixate in an imaginary and fetishist mode onto the sound pattern that was in fact over-determined by historical conditions, to deny the co-existence of complex variations that are present in the contemporary languages, and to reduce the complex combination of the pictographic, phonetic and semantic components of the Chinese characters to its phonetic façade, with no semantic cross-references. The battlefield along the borderline separating ¡¥the language of Taiwan¡¦ against ¡¥the language of China¡¦ testifies once again the inverted security mechanism and the displaced form of border politics. 

 

Taiwan question: a juridical case of the international law?

Arguing on the positivistic legal level of the international law, challenging the validity of the ROC government¡¦s de jure sovereignty over Taiwan, Chen Lung-Chu and W. M. Reisman once suggested in 1967 that the Cairo Declaration was merely a non-binding ¡¥press release¡¦, that neither Cairo Declaration nor the Potsdam Declaration could make disposition of the legal title of Taiwan or effect a transfer of that legal title to the Republic of China, and therefore neither ROC government nor PRC government has sovereignty over Taiwan. This declaration was not in the official treaty archives of either the United States or Japan, and should not be considered as a treaty by the involved parties.[21] 

 

A more instructive case was a 1959 court case, Cheng Fu Sheng v. Rogers, in the United States in which the question whether ¡¥Formosa is part of China¡¦ was raised.[22] The case concerns whether an alien, natives and citizen of China, should be deported to Formosa instead of the mainland of China. The statement made by the course clearly indicated that, since the sovereign, de jure or de facto, of a territory, is not a judicial, but a political, question, the court insisted that this question should be decided by the executive and legislative departments of the Government. In the case report, the attitude of the US State Department obviously put the status quo of Taiwan into question because ¡¥the sovereignty of Formosa has not been transferred to China¡¦ and hence it was just ¡¥a territory or an area occupied and administered by the Government of the Republic of China, but is not officially recognized as being a part of the Republic of China¡¦.

 

Viewed in the light of the US court statement that differentiates the act of Japan¡¦s renunciation of the right to Taiwan from the transferability of Taiwan¡¦s sovereignty to the Republic of China, we come to understand the problematic aspect of the positivistic juridical dimension of the international law that is exposed by the case of Taiwan.  The shifting of the US¡¦s recognition from ROC to PRC in the 1970s, followed by other countries, and the cancellation of ROC¡¦s status as membership of UN, one of the founding members, all testified the arbitrariness of the juridical political status defined by international law.

 

Here, we face the entangled questions of the sovereign state of Taiwan and the concept of border as defined by the constitution in relation to the international law.  The dilemma that the ROC government has faced is the fact that, in the constitution instituted in 1912 and modified basing on various treaties, ROC national sovereignty covers the entire geographical territory that was settled prior to 1949, and does not recognize the Outer Mongolia¡¦s independence that was signed in the Sino-Soviet Treaty and later recognized by PRC. Even though the constitution has undergone several revisions and supplementations in different historical moments, especially after the lifting of the martial law, the core of the constitution, that is, the claim of its national territorial sovereignty, is not to be altered. The result is that the map of ROC presents an illusory and fictional space, frozen in time, which does not exist in contemporary world.  ROC government could not bring itself to revise the territorial scope, that is, the sovereignty over Taiwan, Penhu, Quemoy and Mazu, to adapt to current reality because, in that case, it means renouncing the ¡¥One China¡¦ legacy by claiming independence from China, and hence would invite the military threat from the PRC government.

 

The constitution on which the State is established turns out to be the law that constrains the mutations of the State. The State is bound by the law and cannot re-adjust itself to the currently altered and still changing states, constitutive population and international relations. Under these constituted conditions, the people of the State also lost their popular sovereignty and their constituting capacity concerning the community of its entirety. What makes the Taiwan question even more peculiar is the fact that the sovereignty that has been claimed by the ROC government is put into question because of the switch of international recognition of the one-China representation from ROC to PRC in the 1970s. The Republic of China, even though a founding member of the United Nations, lost its seat at the United Nations Security Council since 1971. The Republic of China thus becomes an unrecognized and unrepresented political entity on the stage of world politics (see Lee 2010; Wang 2009; and Zhao 2007).

 

The stake in the Taiwan Question therefore is manifold. First, the shifting of the recognition from ROC to PRC on the level of international law indicates a change of balance of political and economic forces in the international arena, and not the de facto relations between political entities or political societies. Second, the switching of recognition between nations on the de jure level from one to the other would literally make the un-recognized political entity into an unsubstantial state denied on the de facto level. The residents of the unrecognized political entity turn out to be invisible and uncounted on the world stage, difficult to cross the borders, and not being able to participate on equal terms the international or intergovernmental organizations, such as World Health Organization and the rest. 

 

Third, the single representation of one nation-state makes the peaceful evolution and creation of a new form of community impossible. It seems that we cannot conceive a new form of nation-state or a different mode of social state except the one that is defined by the positivistic international law or the one settled by wars or revolutions.  Fourth, the logic of the United Nations and the international law operate clearly on the consensual regime and the majority votes among the nations of greater powers could easily neglect the voice of the unrepresented minor communities. Taiwan, a de-substantialized political entity, then has become a point d'appui of the lever between the two great forces, US versus China. In order to keep the balance, Taiwan has to remain its status quo

 

Finally, the demilitarized border along the Taiwan Strait, with its heavily politicized ideological boundaries on various levels, has been inverted as its people¡¦s mental fortresses, loaded with historical remnants leftover from the Japanese colonial history, the Sino-Japan war, Chinese civil war between the communist party and the nationalist party, the ethnic frictions caused by the 2-28 incident, and the communist-phobia rooted in the Cold War era. Enhanced by the political and cultural policies of each succeeding government, such as the erasure of the language used by the majority population of the preceding government and privileging the language of the current majority population as its ¡¥national language¡¦, the bordered mentality then becomes a living factor in the daily life experience.[23]

 

Re-assessing Schmitt¡¦s concept of Nomos

How to re-think and formulate a ¡¥of the state¡¦, how to radically recast ¡¥the relations between people and sovereignty, citizenship and community¡¦, and how to invent ¡¥new institutions for the public sphere¡¦ and to ¡¥democratize the border¡¦, as suggested by Balibar (Balibar 2002b: 79-85; 2004: 108-110, 111-114)? To democratize the border, to my mind, means to face the question of the historical formations of the institutions of the border, to challenge its legitimation and naturalization, to examine the logic and the effect of the formation, to open it up to a topological vision of the state participated by each and every one within the community, and to emancipate the discriminatory function of the borders formed by language in all aspects. The juridical and positivistic borders cannot reflect the de facto social relations or conflicts of the inhabitants in any social space that have developed and changed through the passage of time. To relocate the question of nomos and the processes of land-appropriation, wall-establishment and ruler-institution, to the question of the constituted as well as the constitutive power of language, could force us to face the multilateral aspects of the issue from a different perspective. 

 

Carl Schmitt¡¦s social-economic as well as etymological analysis of the word Nomos and its inherent links with nehmen and Nahme have already pinpointed the ¡¥brutal imperialism¡¦ and ¡¥atavistic criminality¡¦ of land taking and land holding procedures of the nomos of the earth.[24] The history of the nineteenth and the twentieth centuries in East Asia is a long process of the transformation of the new order that seizes the dominant power of the region. Schmitt also pointed out that Japan was recognized as a Great Power after its victories first in the Sino-Japanese war in 1894 and then in the Russo-Japanese war in 1904-1905. The war of Eight-Nation Alliance against China in 1900 further settled the redistribution of the Great Powers in the age of the imperialist expansion that changed the border of the Western Hemisphere. The Monroe Doctrine in 1823 was a strategy that practiced the imperialist power that dominated other countries in South America. But, at the end of the nineteenth century, a new form of American Großraum (great space) that extended over the ¡¥free sea¡¦ replaced the model of the Monroe Doctrine and demanded East Asia to follow the policy of ¡¥open door¡¦ in the name of liberal economics (Schmitt 2003: 191, 283, 292). The re-mapping of the geographical borders in East Asia throughout the nineteenth and the twentieth centuries reflected exactly the rise of the new world and the replacement of the order of the earth with the jurisprudence of the international law.

 

The change of the juridical status of Taiwan on the world stage had proved to be the result of the alterations of the world order and had affected the national identity and the collective sentiments of the people on the island during the past century. The visible and ideological qualities of the border have acted upon the shaping of the people¡¦s perception and feelings. The demarcations of the hierarchical power strata, furthermore, legitimize the constitution of the State and the consensus of the feelings of the people, though the hierarchical stratum actually arbitrarily and oppressively differentiates the other parts of the people in the same society.

 

The language battle took place on the island proves again the ¡¥fence-word¡¦ function of the nomos discussed by Schmitt. Nomos implies the meaning of nemein, i.e., to divide and to pasture, and therefore is the ¡¥immediate form in which the political and social order of a people becomes spatially visible¡¦ (Schmitt 2003: 70).  Examined through the course of semantic mutations, the word nomos has undergone changes in its more than three-thousand-year history, and the shifting of meaning, from nemein [to appropriate, to take, to seize], teilen [to divide], verteilen [to distribute] as well as weiden [to pasture], indicate the change from the nomadic society to the industrial age, and then to the imperial era. Even though the linguistic associations between nomos and these variations might have been forgotten through the course of the phonetic, morphological and semantic changes in history, etymological study shows that these separate words shares the same root Nahme and indicated the changes that took place in the history of legal, economic and social order, from the pasturing, to migration, colonization, and conquest, that is, a history of land-appropriation.[25]

 

As a ¡¥fence-word¡¦, it is ¡¥not the abolition of war, but rather its bracketing¡¦, and thus the core problem of every legal order (Schmitt 2003: 74). Based on the enclosure in the spatial sense, the nomos can also be described with its ritual and sacred orientation, and the multiplication of nomos basing on this single divine nomos. A tribe or a people become settled by the nomos and the measurement through which the land is divided and distributed. With the tendency of power to visibility and publicity, nomos is at the same time linked to archy, from the source, and to cracy, power through superior force and occupation. Schmitt deliberately distinguishes the positivistic legal system, ¡¥the mere enactment of acts in line with the ought¡¦, from the ¡¥spatially concrete, constitutive act of order and orientation¡¦  (Schmitt 2003: 78).

 

This original act then is the act of nomos. All subsequent developments are either results of or expansions on this act or else redistributions ¡V either a continuation on the same basis or a disintegration of and departure from the constitutive act of the spatial order established by land-appropriation, the founding of cities, or colonization (Schmitt 2003: 78). The renewal of the constitutive processes and ¡¥new spatial divisions, new enclosures, and new spatial orders of the earth¡¦ are actualized through the introduction of new nomos (Schmitt 2003: 79).

 

What would be the ¡¥new nomos¡¦ that could be expected today?  Schmitt at the middle of the twentieth century, after the second world war, suggested in the conclusion of his book three possibilities: the first is the victory of one of the dualism of East and West that ends up as the ¡¥world¡¦s sole sovereign¡¦, the second is to retain the balance structure of the previous nomos, and the third is the balance of the combination of several independent blocs (Schmitt 2003: 354-355). Looking at the present situation, the equilibrium balance between hegemonic structures or the homogeneity within each independent bloc appears to be not only unlikely but also unrealistic. The end of the Cold War between the two blocs in the post-1989 era introduced the global world order of the capitalist market while the displaced forms of border politics still function locally, bringing up previous frictions to the surface in various substituted forms. The deep-rooted and long lasting effects of the border consciousness established through the translation of the international law into local juridical institutions and ideological frameworks that enacted autonomous reproduction of the inverted bordered partitions with endless repetition.

 

The nomos in fact serves not only as the figure of land appropriation and rule setting, but also as the core limit point that constitutes the fundamental subjective position. As Freud explained and Bataille elaborated, this core limit point of separation and exclusion, serves as the mechanism of introjection/ incorporation and repulsion/exclusion, and differentiates external objects as good or bad, in the name of moral, aesthetic as well as political judgment (Bataille 1993: 147-159; 1997: 313-320; Freud 2001: 136-140).  This core limit point of separation and exclusion leads us to the question of the fundamental sovereign act that sets the order of the management of life discussed by Agamben. For Agamben, the fixation of separation concerns the conceptual operation of the law that is inscribed into logos and consequently severs and negates the rest. Every separation contains or preserves within itself a religious core on which the exercise of the law is based upon, either it is the law that rules the ownership of property and taxation, stipulates civic and military service, controls entrance and exit, or reinforces cultural and education policies, that is, all kinds of management of life  (Agamben 1998: 131; 2009: 103; 2011: 17-20, 50).

 

Language, then, is the mediation that exercises the operation of the separation. The fixation of the partition and the cut takes different forms according to the social and political conditions of historical moments. The concept of the cut, for example, the coupure de sujet in Lacan, the coupe d¡¦essence in Althusser, the regime of cut and the effet de cisaille (shearing effect) in Badiou, the écart and the part des sans-part in Rancière, all involve the ideational operation of separation activated through language.[26] Agamben¡¦s inquiries into the logic of inclusion and exclusion, separation and exception, the gap between phones versus logos, and biopolitical fractures among people, all point to the dispositive of language and the legitimization of History that effaces all pre-histories. In Agamben¡¦s studies, the regime and the disposition of power through language made the community a commensurate one. Religion exercised the first power of separation. To profane means to challenge the line of separation and to restore life that is not separated from its form, a life in which ¡¥the single ways, acts, and processes of living are never simply facts but always and above all possibilities of life, always and above all power¡¦ (Agamben 2007: 75).

 

Phonic markers, as discussed previously, would be the obvious found objects that serve as the border that cope with the pre-given conceptual frameset and differentiate the they-group from the we-group.  The visibility of the phonetic features then turns out to be the qualities or attributes for the community to ¡¥count¡¦ its members.[27] The battlefield over language territory and the adherence to the barricades clearly demonstrates the single loyalty to the single camp located at one historical moment, reinforced by the lately formed ideology or local power struggles in the last instance, while renouncing and negating the voice of other participants with different phonetic patterns. This negation matters not in terms of the severing of the historical lineage but more significantly in terms of the denial of the latent presence of other inhabitants who do not share the same pronunciation patterns. 

 

Diverting our consideration of the nomos of the earth from the juridical and positivistic dimension to that of the activities of language and examining how the same logic of land-appropriation and land-redistribution took place through language would allow us to analyse how it functions also as the archy of the formation of subject with national identity and the law of internal partition among the people. The Cold-War barricade reproduces itself through the practice of language, and creates new rationale to reinforce and strengthen the border. We have observed the conceptual policing operation of the language policies in Taiwan during the Japanese colonial period in the first half of the 20th century, the white terror under the martial law from 1950 to 1987, and the nativist fundamentalist movement in the 1990s.  It is a history of the empirical-juridical translations of the international law to be effectuated in local sphere. Each time the nomos of the sphere was established first of all through the stabilization of language policies, and the lasting effect of the language policies is the formation of the subjective identification that would re-emerge in the following generations with or without the continuation of the government. It is necessary to examine what ideological and symbolic violence that language can conduct through border demarcations in language. 

 

Conclusion: proposal for a topological vision of the state

This chapter has examined the question of border consciousness that involves the process of double translation: one the first level, it is an empirical translation of the juridical international law that is transposed horizontally and inwardly onto the domestic domain and imposed as the anchorage of the formation of subject and that of the national identity; on the second level, it is the subjective translation of the internal border consciousness outwardly onto the external society, differentiating domestic enemies according to the logic of partition and exclusion. The transference function of the internal limit point, a border line codified by external symbolic order, translates and extend the subjective position by locating any target object that is visible in the grid of measurement as the external features of borders, operating in the logic of phobic structure. We therefore should seriously face the question of how to question the border consciousness constructed by language. We also need to think how to formulate a ¡¥new conception of the state,¡¦ as suggested by Balibar, how to radically recast ¡¥the relations between people and sovereignty, citizenship and community,¡¦ and to ¡¥democratize the institution of the border¡¦, through a constant act of the emancipation of language.  

 

I would like to suggest that, in order to radically re-think the question of the state and to democratize the border, we need to face the question of the historicity of the border effectuated through the imperialist language policies, to challenge its legitimation and naturalization that concealed and excluded minor voices in the same communities, to acknowledge its arbitrariness formulated through language, and to open it up to the process of intellectual intervention so that the discriminatory function of the borders in all aspects can be challenged and that ¡¥borders¡¦ can serve as the sites of debates and passage of communication. The main argument of this chapter then is, unless we undertake rigorous analyses and unravel the constituting forces behind various language and ideological borders within the domestic domain and in the global context, we would not be able to disentangle the repetitive defensive impulses that seek in different forms to solidify the demarcating line in the name of the State. This question is all the more pertinent in view of rising tensions over critical border sites in East-Asia today between Japan and China ¡V caused by the disputes over Sankaku Islands ¡V as well as the alarm of nuclear threat roused by North Korea. These moments of tension would intensify border consciousness not only between different governments, but more so within the domestic domains. In order to recast the relation between people and sovereignty, to conceptualize a different vision of the state, we need to constantly confront the polarizations of ideological borders and to open up a new dimension of localization that could make space for the uncounted people and to allow the suppressed histories to re-emerge.

 

By questioning the forms of inverted borders, over-determined by different forces in the name of the juridical laws, reinforced through language policy and political regimes, and manipulated by different forms of government in Taiwan, we see more clearly the reasons why such internal borders are in fact derivatives and substitutions of constructed borders through language that attract collective sentiments or separate people on the basis of habitus and self-interest. The act of land-occupation and rule-establishment exercised in language, justified by the national identities, already demonstrates how the society is divided, segregated, suppressing and even persecuting the un-counted parts, sans-part as discussed by Rancière, among the members of the society. The shifting of national identities of the people in Taiwan every fifty years further testified the arbitrariness of such identity. Each construction of identity not only involves statist measures and rules, but also violent, exclusive and oppressive techniques of governmentality. 

 

What the POJ project engaged with was to deny the mutation of the phonetic patterns from ancient time to the present time and the diverse phonetic patterns that were used by the people co-habiting in Taiwan by fetishizing ¡¥the Taiwanese language¡¦ based on one fixated point of historical moment. To acknowledge the mutation of phonetic patterns does not mean to trace back to the origin at one point; on the contrary, the acknowledgement of the mutation actually de-links the single origin while embraces the re-translation, re-formulation and re-inscribing of the language through countless variations of phonetic combinations through migrations over a long passage of time.

 

We could consider what Zhang Taiyan (³¹¤Óª¢) formulated as guojia (nation-state °ê®a) in 1908, when he was facing the formation of the nation-state at the turn of the twentieth century. According to Zhang, guojia should be conceived as the ¡¥riverbed¡¦ (hechuang ªe§É), serving as ¡¥the place of emptiness¡¦ (kongchu ªÅ³B) that allowed the river to pass by daily. The subjectum (¥DÅé) of the nation was merely a ¡¥void¡¦ and ¡¥non-being¡¦ (Zhang 1985: 463), and the guojia was only a dynamic composition, as the movement of the constitution of the textile woven by warp and woof (¸g½n¬Û¥æ¡A¦¹¬°²Õ´). In this sense, the composition of the nation was viewed not as fixed substance, but as constant re-composition. Zhang also stressed that the love for the nation (·R°ê¤ß) was not to love the fixated present state (©Ò·RªÌ¥ç«D²{¦b¤§¥¿¦³), but to love the composition (²Õ¦X) and the ¡¥not yet germinated¡¦ that is to come in the future (´÷±æ¨ä¥¼µÞªÞªÌ) (Zhang 1985: 463; see also Liu 2013).

 

On this view, language could also be conceived in its broadest sense, that is, besides its function of imprisonment, we also see emancipation. Language is the common sphere to inhabit, pasture, harvest, and to combat, assimilate, transgress, translate and recreate. Taiwan, an island with people cohabiting and intermingling for several centuries, imbricated with diverse strands of historical processes and cultural components, has emerged today as a new form of community and as a political body. This political body has incorporated, as with new organs and new capacities, not only the already complex multi-ethnic origins of the Chinese people, but also the various indigenous tribes, the Dutch, Spanish and Japanese colonial cultural experiences, and the currently increasing mixture of population with migrants from South East Asia and other parts of the world. Having no official international recognition, the various modes of participation developed by Taiwan with international organizations such as IOC (International Olympic Committee), APEC, WTO, WHA (World Health Assembly), WHO (World Health Organization) and the Egmont Group, under different names, though mostly merely as an observer, has presented Taiwan as a viably flexible political entity.[28] The fact that Taiwan cannot participate in most world organizations on an equal standing, being deprived of the rights to obtain access to resources from the global communities, such as medical support, has demonstrated the drawbacks of the juridical positivistic aspect of the United Nations. But, the non-governmental and non-official rapports between Taiwan and other countries, nevertheless, can be carried on in various non-nationalistic forms, be it cultural, economic, technological or humanitarian exchanges. 

 

More importantly, the question of Taiwan can take us to face an alternative mode of thinking: the possibility of a topological vision of a political society not to be conceived of as a nation-state-based entity defined by the inter-¡¥nation¡¦-al law, but as a political community in a topological mode that is constantly undergoing re-composition. The concept of the state, or guojia, then could be conceived not in terms of its military force, its juridical definition of border, or its representational status according to the international law, but as a form of government that both allows people to participate and re-constitute the State through language activities on the domestic level, and serves as the intermediary organization of the state that helps negotiate and communicate with foreign countries in terms of the exchanges of information, technologies, commerce, cultures. The de-linking and re-translational act of language is the only possible position for us to expose and to critique the violence of border constructed by pre-given rules and codes of language and to re-shape the community in a different mode, a community that allows the act of re-translational passage from the uncounted, suppressed and the invisible corner to the common space of the society, a community that welcomes new encounters and constantly opens up new paths for new capacities.

 

 


¡@

[1] Macclesfield Bank, Paracel Islands, Scarborough Shoal, Spratly Islands and Senkaku Islands (Diaoyu Tai) are well-known and constantly mentioned examples of territorial disputes related to PRC and ROC, not to mention the long list of other examples involved with different countries in East Asia, such as Japan-Russia, India-China, South Korea-Japan, China-South Korea, China-South Tibet, and so on.

[2] Carl Schmitt had excellently discussed the concept of ¡¥the nomos of the earth¡¦ in his book The Nomos of the Earth: in the International Lao of the Jus Publicum Europaeum. My intention is to re-think the nomos of the earth hinted by Schmitt at the end of the book.

[3] Jacques Rancière used the term ¡§partage du sensible¡¨, to explain the commonly shared senses of belonging and partitions, that is, to be included, partitioned or excluded by the community. See La mésentente: Politique et philosophie, or The Politics of Aesthetics: The Distribution of the Sensible.

[4] Song was the only person from South Korea who attended Kim Il-sung¡¦s funeral in 1994. See Macintyre (2003).

[5] In a letter to his family, Lin Yi-fu explained the reason for his defection: ¡¥based on my cultural, historical, political, economic and military understanding, it is my belief that returning to the motherland is a historical inevitability; it is also the optimal choice¡¦ (Lin 1980). 

[6] The bombardment was arranged by PRC and ROC to operate only at odd days of the month, with shells containing propaganda leaflets, a mutual practice that continued for 21 years since the Second Taiwan Strait Crisis, the 823 Artillery Bombardment in 1958.

[7] Lin received his Masters¡¦ degree in economics from Beijing University in 1982, and his PhD in Economics from the University of Chicago in 1986. 

[8] Chinatimes. Online. Available HTTP: < http://mag.chinatimes.com/mag-cnt.aspx?artid=23033> (accessed 30 January 2014).

[9] For the full text, see Anti-Secession Law. Online. Available HTTP: <http://english.peopledaily.com.cn/200503/14/eng20050314_176746.html> (accessed 6 July 2011).

[10] Lyu Xiulian, former vice president, together with Democratic Progressive Party, Taiwan Solidarity Union and 30 other local societies, moved to make the election day of 1996 as the date for the independent day of national sovereignty.

[11] This criticism was a response made on the 17th of June, 1911, against President Ma Ying-jiu¡¦s recent praise of Chiang Kai-shek¡¦s contribution in establishing of the ROC Constitution (Taiwan Solidarity Union 2011).

[12] It is a conference on the celebration of one-hundred-years of the history of Taiwanese Novel, organized by the Bureau of Culture, that took place in National Museum of Taiwan Literature, Tainan, May 21-24, 2011.

[13] The proposal to appropriate Han characters to transliterate Taiwanese vernacular language also emerge in early Twentieth century during the Japanese colonial periods, just as similar practices of vernacular literatures that were experimented throughout histories. Early in 1929, the debates on whether writers should use Taiwanhua as the written language, instead of classical Chinese language, occupied the intellectuals¡¦ mind for quite some time. After various attempts, they came to an understanding of the fact that Han character was an inevitable vehicle for the communication on the common ground. See Chen (2008).

[14] See Wikipedia " Sinckan Manuscripts." Online. Available HTTP: <http://en.wikipedia.org/wiki/Sinckan_Manuscripts> (accessed 6 July 2011). William Campbell¡¦s (1871-1918) study in the book Formosa under the Dutch shows that the Dutch missionary established the schools to educate and Christianizing the natives, and they received over five thousand adults into the membership of the Reformed Church (cited in Chiung 2005). Also, according to Murakami Naojirō¡¦s ¡]§ø¤Wª½¦¸­¦ 1868-1966¡^study of the Sinckan Manuscripts (1931), the researchers have located 141 items of manuscripts written with the Romanization of the Siraya native language (cited in Chiung 2005). Sinckan is now the city of Tainan.  

[15] Walter Henry Medhurst developed the system of Pe̍h-ōe-jī, under the influence of Robert Morrison¡¦s Romanization of Mandarin Chinese. Medhurst¡¦s Dictionary of the Hok-këèn Dialect of the Chinese Language, According to the Reading and Colloquial Idioms (1832), was the first reference book that indicates the differences in intonation between Mandarin and southern Min dialect (Medgurst 1823).

[16] Except for the period of the Pacific War from 1942-1945, the Romanized POJ version of the Tainan Church News continued its circulation until 1969.

[17] The Presbyterian Church plays a significant role in the political field in Taiwan. Because of its deep involvement with politics in Taiwan, its pro-independent movement, its advocacy for POJ movement, and close affiliation with political figures, including former precedents Li Denghui and Chen Shuibian, the Presbyterian Church in Taiwan has been viewed as the fundamentalist activists of the Taiwan Independent Movement. See the official website of Presbyterian Church in Taiwan: <http://www.pct.org.tw> and Wikipedia ¡¥Pe̍h-ōe-jī¡¦

<accessed 6 July 2011). a, >1Lin Yi-fu, though the bibliographic entry here is Linlised.eference needs to be identified by 2013a http://en.wikipedia.org/wiki/Pe%CC%8Dh-%C5%8De-j%C4%AB>  (accessed 6 July 2011).

[18] Zheng Zhilong was a very successful Chinese merchant from Fujian province in the 17th century.  He was also a pirate and an admiral of the Ming Empire at the same time and married a Japanese woman and gave birth to Zheng Chenggong who later defeated the Dutch colonial government and took over Taiwan.  Zheng Zhilong lager defected to the Manchus who overthrew the Ming Empire and established the Qing Empire.  The Qing government later executed Zheng Zhilong because of his son¡¦s continued resistance against the Qing regime. See Tonio Andrade (2004; 2011).

[19] According to the language usage distribution report in 2006 by the government, there are 26 languages in Taiwan. 

[20] According to the statistics, there were 29% of Taiwanese people who could speak Japanese in 1939, while in 1941 it grew up to 51%.

[21] The Cairo Declaration signed by Franklin Roosevelt, Winston Churchill and Chiang Kai-shek in November 27, 1943, stated clearly that the Allies are resolved to bring military pressure against Japan until it surrenders unconditionally and that Japan shall return Taiwan, Penghu, and Manchuria to the Republic of China. The Cairo Declaration was later cited in the Potsdam Declaration and had its legal effect through Japanese Instrument of Surrender signed by Rikichi Andō, the governor-general of Taiwan, in October 25, 1945 in Taipei, and Japan¡¦s right to Taiwan was handed over to ROC, represented by Chen Yi, the general of ROC military force. Lung-Chu Chen and Harold D. Lasswell (1967), however, argued against the above account and suggested that Taiwan¡¦s legal status has not been decided yet. See also Yi-shen Chen (2010).  

[22] Cheng Fu Sheng v. Rogers [1959] 177 F.Supp. 281. Online. Available HTTP:¡@<http://www.leagle.com/xmlResult.aspx?page=3&xmldoc=1959458177FSupp281_1419.xml&docbase=CSLWAR1-1950-1985&SizeDisp=7> (accessed 27 June 2011).

[23] Over the past century, there were several major language policy changes that took place in Taiwan.  During the fifty years of Japanese colonial rule, from 1895-1945, the cultural and language education was so effective that the Japanese speaking population among Taiwanese were increased up to more than 50% in 1940s. The Japanese Colonial government banned the section for Chinese characters on the newspapers. After the termination of Japanese colonial rule in 1945, the KMT regime of the Republic of China took over Taiwan and began to ¡¥re-Sinicize¡¦ and ¡¥de-Japanize¡¦ Taiwan. After putting down the riot caused by the 228 Incident in 1947, the KMT declared a ¡¥State of Emergency,' imposed martial law (1949¡V1987), prohibit the use of Japanese in newspapers and magazines, and banned Japanese music and movies. The use of Taiwanese dialect in public was also banned in 1960s and further intensified the ethnic hierarchical partitions. The turnover of the government from KMT to DPP in the 1990s made way for the nativist and nationalist promotion of the Taiwanese language. Lee Teng-hui §õµn½÷, president during 1988¡V2000, encouraged universities to reduce the number of courses related to China or even abolish them. Chen Shui-bian ³¯¤ô«ó, president from 2000¡V2008, stressed that Taiwan subjectivity should draw on local geography, history and life experience, and that the objectives of textbooks should be free of Chinese consciousness.

[24] Schmitt explicitly reminds us: ¡¥It is not safe, even today, only to remember that nehmen and Nahme comprise a substantive problem, and not to mention that they also mean brutal imperialism, atavistic criminality, and a sadistic opposition to progress¡¦ (Schmitt 2003: 346).

[25] The three levels of meaning of the Greek verb nemein refer to, first, to take or to appropriate [Gr. nehmen], second, to divide or distribute [Gr. teilen], that is what we generally called law, and third, to pasturage [Gr. Weiden], that is, to pasture, to run a household, to use and to produce  (Schmitt 2003: 324-330).

[26] For Lacan¡¦s coupure de sujet, la coupure du désir, la function de la coupure, see Lacan (1978: 29, 188, 215); for Althusser¡¦s coupe d¡¦essence, see Althusser (2009: 98); for Badiou¡¦s regime of the cut, see Badiou (2009b: 8-12, 32-6); for effet de cisaille, see Badiou (2009a: 479); for horlieu (outplace), see Badiou (2009b: 8-12, 32-6); for Rancière¡¦s écart and the part des sans-part in La mésentente see Rancière (1995: 20-31, 71-2).

[27] Jacques Rancière discussed the count of the parts as the logic of the police, or the State, and question of the miscount and the-parts-with-no-part, sants-part, in his important book La mésentente: Politique et philosophie (1995).

[28] The names were applied in order to avoid a dilemma at international occasions, including Chinese Taipei, Republic of China, Taiwan, or ¡¥Taiwan, Penghu, Quemoy and Matsu Customs Territory¡¦, and so on.

¡@

¡@