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When China passed its “Anti-Secession” Law in 2005, much of the democratic world saw it as yet another sign of Beijing’s authoritarianism, its contempt for international law and its aggressive posture toward Taiwan. Rightly so — on the surface. However, this move, often dismissed as a uniquely Chinese form of legal intimidation, echoes a legal and historical precedent rooted not in authoritarian tradition, but in US constitutional history. The Chinese “Anti-Secession” Law, a domestic statute threatening the use of force should Taiwan formally declare independence, is widely interpreted as an emblem of the Chinese Communist Party’s disregard for international norms. Critics have painted it as legal theater — superficial rule-making designed to justify aggression without a genuine respect for the rule of law. Yet this interpretation ignores a deeper truth: China’s legal logic in opposing secession is strikingly similar to that of the US during its own formative crisis — the American Civil War.
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