Summary: | 碩士 === 東吳大學 === 法律學系 === 95 === According to the diplomacy position, we could not be one of the members in most international organizations in the name of Taiwan, or of the signature party in international treaties. It’s impossible for our people to know too much about the international law, especially Space Law. Actually, satellite communication has already been one of the most important communication services in all kinds of services, and has been connected with our daily lives so closely. Hence, it’s quite important to understand all kinds of international treaties or conventions related to satellite communication, and these treaties, no matter global multilateral treaties, regional multilateral treaties or bilateral treaties. And many international organizations, such as International Telecommunication Union, International Telecommunication Satellite Organization, or regional multilateral treaty such as regulations in European Union and etc, are provided proper and sufficient protection and standard to the activities and discussions related to satellite communications.
As to the use of these satellite communications, such as the regulations of commercial mobile telecommunication, satellite broadcast and television, what is the model of the operation and applications? And what are the related disputes and conflicts? The topic of the allocation and obtaining the spectrum of the satellite communication resulted many questions and disputes in the system of the telecommunication law in International Law and all states.
Thus, the thesis starts with the sources of international law as stipulated by Article 38 of the Statute of the ICJ. And the core of the article is to search the sources of international space telecommunication law. Chapter four is to analyze the legal system of the operation of spectrum, including international legal system、European regulations, especially put stress on the regime of the United States and in Taiwan. Chapter five introduces the legal regime in GMPCS system. It starts from the basic principles of OST, related regulations of ITU, the fourth protocol of WTO and the regulations of European. Besides that, this article still emphasized on the concept and the disputes of the GMPCS in the United States legal systems, includes the structure of FCC, principle of public interest and the authorization policy both in space and the earth section. Finally, this article still put emphasize on the related regulations in Taiwan, especially in the regulations of NCC. Chapter six is the legal regime of the satellite broadcast and television. First, the article introduce the related declarations, solutions and treaties, includes OST, Rome Treaty etc, and the regulations in ITU, related committees and clauses. Second, it introduced the conventions, treaties and directives of satellite broadcasting and television in European. Then, this article especially put stress on the content restrictions, no matter in United States of America or in Taiwan, it’s always the most important topics in the legal regime of satellite television. Finally, the last chapter is the conclusion of the thesis. The coverage of the telecommunications has important effect on all kinds of legal regimes, includes international space telecommunication law, regional regulations and the national legal regimes. And when the regulations change, the politic situation of Taiwan may result some questions that may disturb the process of out country, thus, how to resolve this problem is the most important thing. And may the data and information of this thesis can do help to these question.
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