碩士 / 淡江大學 / 東南亞研究所 / 86 / The ROC government claimed that the water of the South China Sea enclosed by the "U"-shaped line is the ROC''s historic waters is 1992. Moreover, in the Guideline for Nanhai (South China Sea) policy approved by the ROC Executive Yuan in April 1993, the water enclosed by the "U"-shaped line are claimed again as the ROC''s historic waters and subject to the jurisdiction of the ROC.
The ROC claim to nearly 80% of the South China Sea as its historic waters. This claim will have a trmendous impact on the future delimitaton of maritime boundaries in the area. There are six states claim title to all or part of the South China Sea--the ROC, the PRC, the SRV (Socialist Republic of Vietnam ), the Philoppines, Malaysia, and Brunei. ROC''s claim will deepen animosity among the six claimants and there is an urgent need to explore the issue thoroughly.
This thesis will examine the legal status regarding Taiwan''s claim to the waters of the South China Sea enclosed by the "U"-shaped line as its historic waters. This thesis is divided into five chapters except introduction and conclusion. The summary of each chapter will be described in the following paragraphs:
Chapter1: South China Sea Surrounding and ROC''s "Historic Waters" Claim. In this chapter will discuss the claims of the ROC and introduce briefly about the South China Sea''s situation, water, territorial sea dispute, and internaional political.
Chapter2: The concept of "Historic Water" . The major issue of this chapter is dealing with domestic and abroad scholars'' atudies and UN Secretariat''s two preparatory documents, that was published in 1957 and 1962, about Historic bay (Water). The prupose of discussing forenamed issues is to find out what is the general concept of Historic Waters.
Chapter3: Whether the "Historic Water" is internation Law Standard. This chapter is to exmine "Historic Water" by using the source of International Law---Common International Law and Treaty Law. In dealing with Common Law, this chapter will discuss and examine the State Practices regarding "Historic Water"(including Historic Bay and Archipelago) in the world.
Chapter4: The Evaluaton of ROC''s "Historic Water" Claim. Using preamble concepts to evaluate the legal status of "Historic Water" of South China Sea claimed by ROC. There are two main issues: (1)What is "U"-shaped line; (2)the legal status of the waters enclosed by the "U"-shaped line, namely, whether the "U"-shaped line is "Baseline" or it''s not and whether the waters enclosed by the "U"-shaped line is ROC''s "Historic Water" or it''s not.
Chapter5: The Principles of deal with Martime Dispute in South China Sea. After Studying, I found out that ROC government couldn''t claim Historic Waters and "U"-shaped line in the South China Sea. The maritime rights of South China Sea depend depend on the authority of islands of South China Sea.
| Identifer | oai:union.ndltd.org:TW/086TKU03606001 |
| Date | January 1998 |
| Creators | Liang, Ming-Hua, 梁銘華 |
| Contributors | Hwang, I, 黃 異 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 173 |
Page generated in 0.0022 seconds