| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 95 === Abstract
Since the establishment of UNCLOS in 1982 and UNFSA in 1995, various regional fisheries organizations have been constituted. From then on, the system of regional fisheries management are directed to improving the circumscription of waters, the establishment of regional fisheries organizations, and the regulations of the protection and management of marine resources. UNFSA of 1995, which first introduced the usage of “Fishing Entity” in its Article 1, Third Clause, stipulated each fishing entity, with no exception, follow all the covenants specified in the agreement. Taiwan has become member, as a fishing entity, of several regional fisheries organizations. However, the controversy of Taiwan as a sovereignty not only plays down its status as a probable contracting party of these agreements, but also deprives her of her right to be a full member. This article, “A Study on the Legal Personality of Taiwan Participating in International Fisheries Organization,” bases its discussion on the viewpoint of Taiwan as a sovereign state. First, it delves into the legal personality of Taiwan. Secondly, it specifies the framework and the operation of the more significant regional fisheries organizations that Taiwan has joined. It also analyzes the legal personality of Taiwan participating in international fisheries organizations. Besides, it compares the obligations and rights of Taiwan and those of full members in international fisheries organizations. Moreover, it discusses the legal personality of Taiwan in dealing with dispute settlements. Finally, it offers some comments and suggestions on the locus standi of the legal personality of Taiwan participating in international fisheries organizations.
Keywords： Regional Fisheries Management Organization；contracting party ；Fishing Entity ；Taiwan； sovereignty； dispute settlement
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