美國培利修正案制裁對台灣保育政策的影響

Abstract

本研究以1994年美國對台灣施以培利修正案 (Pelly Amendment) 制裁之個案為材料，以環境史為取徑，採用文獻回顧、口述歷史與深度訪談等質性研究方法來發掘與理解美國制裁台灣的原因、過程，及其對台灣保育政策帶來的影響。 本研究結果顯示，美國制裁台灣的原因：1. 1980年代後期大象與犀牛保育工作的嚴峻，台灣恰是幾個關鍵的貿易區域或流通路線之一；2. 我國對國際社會，特別是華盛頓公約組織 (CITES) 的回應微弱且未切入重點；3. 美國當年恰為華盛頓公約組織締約國大會的主辦國，受到國內外動用培利修正案的壓力；4. 我國並非聯合國會員國，無法在國際場合爭取自我權益。 本研究發現政府因應培利修正案制裁的政策調整包括：主管異動，行政組織內部運作規則改變；修訂野生動物保護法，加重罰則、促進民間團體參與；落實對非法野生動物產製品之查緝取締與收容機制；啟動保育相關業務之跨部會合作。另外，經費預算增加兩倍有餘，人力也些許增加。而除了中藥商與中醫師在銷售與使用上所直接受到的衝擊外，影響最深的或許是社會大眾對保育的認知與觀感。總的來講，美國培利修正案制裁有促進國內保育業務實務化的作用。 對保育政策而言，本研究認為在法規修改的配合與跨部門合作的建立上，組織內部改組，調整運作規則，保育行政之成熟度提升，對政策的影響最為關鍵。

Adopting qualitative research methods such as literature review, oral history, and the in-depth interview, this study aims to examine the imposition of the Pelly amendment sanctions by the United States against Taiwan in 1994 within the context of environmental history, for the purposes of exploring and understanding the reasons and process behind such sanctions, as well as their impact on Taiwanese conservation policies. The results of this study show that the reasons for the United States imposing sanctions against Taiwan include: 1) in the late 1980s the conservation efforts for the elephant and the rhinoceros reached their height, and Taiwan was one of the key circulation routes and trade regions; 2) Taiwan’s responses to the international community then, especially to the Washington Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), were weak and ineffective; 3) as the host country of the Assembly of States Parties of CITES, the United States was under pressure both at home and abroad to enforce the Pelly Amendment; 4) the Republic of China was not a member of the United Nations, thus unable to fight for its own rights in the international arena. This study finds that the adjustments in Taiwanese policies in response to the Pelly Amendment sanctions include the following: changes in authority bodies and in the operating rules within the administrative organization; amendments to the Taiwanese Wildlife Protection Act, including an increase in penalties and promotion of the participation of civic societies; the implement of investigation, ban, and sheltering mechanisms of cities and counties against illegal wildlife products; the start of inter-departmental cooperation in the conservation-related affairs. In addition, not only the budget for conservation policies more than doubled, but the relative manpower also showed a slight increase. However, apart from the traditional Chinese medicine and its practitioners who were directly affected by the restricted sales and use of wildlife products, the impact was perhaps most felt in the public awareness and perception of wildlife conservation. In sum, the Pelly Amendment sanctions by the United States played the role of promoting and putting wildlife conservation into practice in Taiwan. Therefore, this study suggests that in terms of domestic conservation policies, the reorganization within authority bodies, the adjustment of operating rules, as well as the enhancement of the maturity of wildlife conservation administration, are the most critical to make the changes in laws and regulations, and the establishment of inter-departmental cooperation.