由於1995~1996年台海危機的發生，促使美方人士重新檢視其台海政策。自1998年起，美國幾位重量級的學界人士開始提出《過渡性協議》、《臨時性協議》等的概念與主張，試圖為台海兩岸關係建立一套新的互動架構，隨後柯林頓政府的官員亦提出類似的看法。雖然有關過渡性協議的各種主張在布希政府於2001年上臺之後，由美國官方聲明中消聲匿跡。但其做為政治操作議題卻一直甚囂塵上，台海兩岸不段提出各類主張，而至目前自台灣馬政府上任之後，《兩岸和平協定》卻成為處理台海關係的重要關鍵。雖然目前《和平協定》仍在初步發展的階段，但某些可能涉及的議題與面向，仍可透過學術研究加以釐清。由於所謂的和平協定目前僅停留在概念層次，因此僅能就其可能的涉及內容加以研判與分析，但不論是法律性、政治性或功能性的內容，其複雜的程度與國內外的影響都可能有所不同，而台灣據以因應的策略亦會有所差異。基於此點，本文將針對和平協定所可能觸及的不同內容，探討其所可能涉及的國際法政意涵，以做為未來台灣因應策略之參考。

Due to the fact that Taiwan Strait Crises arose between 1955 and 1956, the US government was prompted to review its policies toward Taiwan Strait. Since 1998, some heavyweight American scholars who tried to build a new interactive structure between bothsides have suggested the ideas and claims such as "interim agreements" and "Modus Vivendi". Later, the similar points were also brought up from the Clinton government. Although the opinions about "interim agreements" seemed to disappear from the US official proclamations after 2001, when the Bush government has took office, it is still a hot issue on political operations. China and Taiwan keep bringing in all kinds of ideas toward Cross-Strait Relations, but since the Ma government took office in Taiwan, the "Cross-Strait Peace Agreement" has become the key point on dealing with Cross-Strait relations. Even the fact that "Cross-Strait Peace Agreement" has only preliminarily developed, some issues and aspects which may be involved could still be clarified through academic researches. And because the so called "Peace Agreement" is much like a concept now, we might only judge and analyze it by the contents that might be involved. No matter these contents are legal, political, or functional, the complexity of them and the influences from home and abroad may all make differences; therefore, Taiwan's reactive strategies may also differ. Based on the reasons mentioned above, the article will emphasize on the different contents the Peace Agreement may refer to, and to further confer the legal and political concepts which may be involved; moreover, to be the references for Taiwan's future strategies.