A Study on the Legal Regime Practice Of Eastern Taiwan Waters’ Law enforcement under International Law

• Main Authors: Kao-Chih Lin, 林高智
• Other Authors: 陳荔彤
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/72116676238736427182

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 93 === The thesis is aim at theory and practice to complement each other. The intensions were covered the issues of maritime law enforcement and maritime affairs. The relevant legal system are included the adoption of academic theories and the implementation of authorities. Therefore, the aspects of studying are probe into more diversified and probably can’t focus on single issue. The purpose is pay more concern about east coast of Taiwan that long-term lack of focusing through emerging the issues to the surface. All the data in this thesis were collected via library Internet to condense the categories about how to regulate the legal system of maritime law enforcement and the relevant documentation of papers, academic theories, law articles, treaties, Conventions, and agreements, etc. and also using the practical incidents recently occurred in the eastern water areas. Through the lesson learned from media reports and self-experiences, the author conducts the historical review approach to investigate the evolution processes of domestic and international legal systems on maritime law enforcement for predicting the future development trends and logically integrated through concluding and comparing methods. Hoping that the nation’s law enforcement cannot only conform to the viewpoints of international law but also considered the dignity of coastal state’s sovereignty for consolidating the stance of nation’s maritime law enforcement and promoting the capabilities. Therefore, the structure of this thesis is covered with the importance of Asia-Pacific regional security from the geopolitical situation of Taiwan eastern water areas to the existing disputes among Taiwan, Japan, Philippines and China in the west Pacific. Such as territorial sovereignty, sea area demarcation, maritime jurisdiction and fishing etc. Based on the articles of international law, the eastern water area of Taiwan was facing the issues, such as the disputes of law enforcement and legal systems on maritime jurisdictions of adjacent inner water, territorial sea, adjacent area, exclusive economic zone, and continental shelf, etc. needed to negotiate with neighboring coastal states. Anticipating that Taiwan can reverse the past concepts of “Valuing land, ignoring sea” “Giving weight to west, looking down on east” to establish an ecological, secure, and prosperous ocean state.