| Summary: | 碩士 === 國立海洋大學 === 海洋法律研究所 === 90 === The ocean covers about 70% of the earth’s surface. At the same token, the ocean have direct and important influences on the regulation of globe weather, operation of ecological system and development of human beings. So, reasonable exploration and utilization on the ocean resources and everlasting management and development of the oceans have been an important issue over nations. The United Nations Convention on the Law of the Sea in 1982 has relative regulations on the preservation and management of the sea creature resources, protection and security of the sea environment, division of the sea area, reasonable use of the sea, and the maintenance of the sea order, ect. Until 2000, there are over 130 countries that ratified virtually or validated the Convention so called “the Sea Constitution”, and the countrie’s sea policies are adjusted, made or coordinated on the base of the Convention .
Due to international political restrictions, Taiwan is not allowed to participated in the Convention on the Law of the Sea. However, Taiwan is surrounded by the sea and has very close co-exist relation with the sea. In order to make our country’s sea affair’ development accord with the world trend. The government had several actions, according to the spirit of the Convention on the Law of the Sea, in the sea affairs in these years, and announced our country’s fist “White Paper of the Sea” last year (2001). It aims at the research of the everlasting management of the sea protection, promotion of the sea education and establishment of poly-cultures combined with the sea and discusses the sea affairs from different perspectives, like dosmetic affairs’, foreign affairs’, or the protection of the sea environment’s perspective, ect. It also provides our country’s goals of the sea policies and show the vision of the future development.
For a very long period of time, our country plans the development of the country’s institution by the thought of the continental state. Though the strength of the management of the sea affairs which is described in the policy goal and vision from the White paper of the Sea of 2001 is the focal work of our country’s development of the sea. However, the resources of the government can be quite limited. To setup a proper department that solely overlooks Taiwan’s oceanic development is the key focus at present.
To develop a oceanic country, and to show the characters of the oceanic country are the goals of the government. On April 22, 2002, the Executive Yuan Council ratified the draft of amendment on the organization law of the Executive Yuan. According to the Article Ⅲ, section one of the draft, the Executive Yuan sets up the Ministry of the Sea Affairs to be responsible for our country’s sea policies and makes a step forward to a oceanic country. The sea affairs are very complex and at present are delegated to over ten different sections within the departments. What are the position of the Ministry of the Sea Affairs and its duty in the future? The answer will have direct connections with the reform of government organization promoted by the government now and have critical influences on the future development of the Coast Guard Administration. Now, we are in the key moment of the reform of the government organization. This paper will discuss these questions from the perspectives of “the managemen beliefs and the organization models of the sea affairs”, “the regulations and bodies of the sea affairs’ management, and “the development of the Coast Guard Administration after the establihment of the Ministry of the Sea Affairs”,etc., and provide references to relative bodies’ plans and decisions. And I also hope this paper aould bring about further discussions from those who may be intersted in this field of study.
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