On Delimitation and Jurisdiction of the Restricted and Prohibited Waters of Kinmen Area ─ From the Perspective of Taiwan's Practice

• Main Authors: Chuang,Tsunghui, 莊宗輝
• Other Authors: Fu,Kuncheng
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/v4cyh6

碩士 === 國立金門大學 === 海洋事務研究所 === 102 === Abstract Kinmen waters at present has not announced the baselines of the territorial sea or its external boundary, some scholars think it is wise to avoid Fu Kuncheng "contradictions" Chinese internal, but Kinmen waters territorial waters not specified, fear of the outside the Taiwan nationality or mainland China banned, restricted interpretation of foreign law applicable water space in Kinmen, how to use the international law principles, conform to the cross-strait development situation, combined with the practice of current mode of operation, proposes feasible suggestions, as the core of this research focus. Based on the 1982 "United Nations Convention on the law of the sea" as the main research contents, examine the territorial sea, airspace over the contiguous zone, or exclusive economic zone special delimitation, and "content standard convention on the law of the sea" is consistent, various area designated countries within its jurisdiction in the case, whether the content and the "Convention on the law of the sea" specification. By the practice of maritime delimitation and jurisdiction practice experience, to explore the related our country banned, restricted water in Kinmen area delineation and jurisdiction, in line with the "content standard convention on the law of the sea", or the practice can be accepted by the members of international. The other from our legislative jurisdiction, judicial practice and the right of administrative jurisdiction practice, examine the Kinmen, prohibited and restricted water delineation and jurisdiction and in China is consistent, by this study, understand China's legislative jurisdiction, judicial jurisdiction and administrative jurisdiction drop right prohibited and restricted waters practice in Kinmen, and in accordance with the "quasi" principles of international law, proposed an amendment prohibited and restriction of Kinmen waters range, or amendment of China's existing laws, consistent with current practice norms of international law and in the area of jurisdiction. Keywords: prohibited waters, restricted waters, Jurisdiction