The Judicial Implementation of the International Covenant on Economic, Social and Cultural Rights in Taiwan: Observations on the Decisions of the Two Supreme Courts

Although Taiwan is a state without membership in the United Nations (UN), it is classified as a sui generis entity by most textbooks on international law. Despite its special status in the international community, Taiwan has tried in the past decade to implement many international human rights standards devised by the UN, including the International Covenant on Economic, Social and Cultural Rights (ICESCR). This paper will introduce the legal challenges Taiwan faces in implementing the ICESCR from the perspectives of international and domestic law. This entails analyzing the provisions of the ICESCR and its relationship with subsequently enacted domestic laws in Taiwan, discussing the role of domestic courts in implementing the ICESCR, and assessing decisions involving its application made by the two Supreme Courts of Taiwan.