There has also been criticism voiced over the decision-making process. Wei Yung, director of a public policy think tank, contends that the president has neither constitutional nor legal authority to make foreign policy decisions or conduct diplomatic operations. Also, the meeting at which the decision was reached was not a meeting of the National Security Council nor of the Cabinet, so it is uncertain how binding this decision is.
這次的決策過程也引起不少爭議，前瞻政策研究中心主任魏鏞認為，以憲政體制而言，總統依法並不享有外交決定及運作的憲法及法律授權，同時針對此政策所召開的會議既非國家安全會議，又非行政院院會，決定的拘束力或強制性頗值商榷。