Abstract
The flourish of economic activities between Taiwan and China testifies the necessity of establishing a permanent regulatory scheme, i.e., bilateral traffic agreement, over cross-strait commercial air transport. Bilateral is a political mechanism exclusively controlled by sovereign states with its negotiation, establishment and destruction, which is an act of state so to reveal its authority and efficiency of governance. Since bilateral inherent compromise of sovereign interests including national economic welfare, negotiating through unilateral acts or quasi diplomatic instruments, or even commercial documents, would easily constitute a effect of acquiescence to allow acquiring sovereignty interests through informal process, at the same time shatter the balance of acquiescence to allow acquiring sovereignty interests through informal process, at the same time shatter the balance of local constitutional authorities. This article is intending to prove the necessity to allocate the traffic negotiations between Taiwan and China under the international bilateral scheme with the exploration of frequent applied and accepted clauses in bilaterals, namely the Bermuda family, and their international law implications.