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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/73793

    Title: 我國參與聯合國海洋法公約制度 : 困境與解決之道
    Other Titles: R.O.C.'s participation in the system of United Nations Convention on the Law of the Sea : dilemma and solutions
    Authors: 林士茂;Lin, Shih-Mao
    Contributors: 淡江大學國際事務與戰略研究所碩士班
    Keywords: 聯合國;聯合國海洋法公約;臺灣;海洋政策;United Nations;Convention of the law of the sea;Taiwan;Ocean Policy
    Date: 2011
    Issue Date: 2011-12-28 17:06:50 (UTC+8)
    Abstract: 隨著人類社會的進步與發展,與海洋的連結也愈趨強化,從毫無關連到相依相存,海洋已成為人類生活不可或缺的一部分。任何人類活動皆需一套基本原理原則以為準則,海洋事務亦不例外,發軔於歐洲各國之國際習慣,進而隨著西方勢力傳播至全球,隨著海洋事務廣且深的發展,各國逐漸有將既有習慣成文化以明確規範各國權利義務的想法。
    The connection between Humans and the ocean has strengthened with the progress and development of human society. Ocean becomes an indivisible element of human living. The operation of any human activity requires principles and doctrines; when it comes to ocean affairs, there is no exception. (United Nations Convention on the Law of the Sea, UNCLOS) was initiated from the international custom in Europe; it later spread to the rest of the world with the expansion of the influence of the West. Since the scope of ocean affairs is becoming much wider and complex, the idea to turn the existed custom into regulations is discussed among nations.
    After the establishment of the United Nations (UN), to compile the International Law was set to its goal of development. Issues that are related to the ocean became one of the targets. The UNCLOS was endorsed by nations on 10 December 1982 and validated on 16 November 1994 after a nine-year long meeting of tardiness. The framework of law to ocean affairs was taking shape hence. With the expansion of ocean affairs, the content of the convention keeps developing. Including Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 and Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. Both of them become the indivisible part of the convention.
    Taiwan confronted an embarrassing status in the international society after the failure in Mainland. The Resolution 2758 admitted the People’s Republic of China as the only representative of China in the UN. Since then the international status of Taiwan experienced a dramatic decline and fall in numbers of diplomatic relations with other nations. The UNCLOS was signed in the 80s; due to Taiwan’s status back then it was tough to sign or join in.
    As a maritime state, Taiwan has obligations when participating in ocean affairs. Because of the special status quo of Taiwan, a direct participation in the convention has its challenge. Alternatives are proposed by the government and the academia, from the unilateral participation to the bilateral and multilateral systems, even join regional organizations as various identities.
    However, Taiwan’s current resolutions are not operated effectively with the influence of international politics. Compared to the dilemma aroused by the external complexity of diplomacy and international system, the breakthrough exists in the domestic. There are rooms for improvements in policies related to ocean affairs, domestic regulations that match the spirit of the UNCLOS, adjustments in governmental organizations and relocations of state resources. Only by a full preparation in the controllable scope can Taiwan handle properly and reduce negative effects when encountering the external impact.
    Appears in Collections:[Graduate Institute of International Affairs And Strategic Studies] Thesis

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