碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 92 / Chapter 1 Preface
In 1992.2.25, when the Beijing Government proclaimed the 「Territorial sea & contiguous zone of Law」and the 「Part Base Line Of The Territorial sea Of People’s Republic Of China」, Kinmen Island had already been included in its internal water area. However, what is the legal position of Kinmen? Is it necessary for Taiwan to adopt an aggressive attitude to mark out the territorial water base line as soon as possible or to maintain its ambiguity or to adopt more practical method. Under the one China principal insisted by Mainland, it is hoped that through conditions like history and law, political factors of the two straits can be eliminated and advantageous development condition can be developed so as to form the idea of future direction of the development of Kinmen Island that will be provided as a reference for establishment. This is the motive and purpose of this essay.
Chapter 2 In regard to the investigation of the development of Kinmen Island, from the history of change of the island people, economic activities in the island and the political and economic development background of various periods, formation of people’s belief and ancient relics, the aim is to trace back the close relationship of Kinmen with Mainland before the separate governance by the nationalist party and the communist party and the historical fact of the reliance on the common livelihood circle of Hsiamen.
Chapter 3 Explore the standard on the island system by the International Maritime Law Convention. Understand the formation of the definition of island in the international law and the provision of the territorial sea, contiguous zone, the exclusive economic zone and continental shelf in Article 121 of Part Ⅷ of the 1982 united nations Convention on the law of the sea – the 「Island System」. There is discussion on the principle of demarcation of island and territorial sea, the function of island and the ocean boundary demarcation and the factor of effect, equidistance principle and the utilization of equity principle.
Chapter 4 Explore on the proposal of the sea area of the two straits and the legal position of Kinmen. This chapter shall first conduct an exploration on the history of legal system after separate governance by the nationalist party and the communist party and the legal analysis of the interaction of the two straits in various stages. What is the advocacy of our country in regard to the sea area and what is the advocacy of Mainland. Then further this chapter will explore the legal position of Kinmen.
Chapter 5 Review and suggestion. Based on the exploration of the above chapters, this research summarizes six suggestions:
1. Non-military. 2. Annul prohibition and restriction and establish a peaceful water area for the two straits. 3. Complete the coastal mangment legal system and promote the sustainable development of sightseeing business. 4. Establish the leisure yacht wharf and boat status registration system. 5. Establishment of Kinmen as a special area or development of free trade zone. 6. Formulate special – Kinmen, Maju and Outer Islands Development Regulation in order to serve as reference.
Key words: Kinmen, Island, Demarcation, Prohibited Water Area, Restricted Water Area.
| Identifer | oai:union.ndltd.org:TW/092NTOU5273033 |
| Date | January 2004 |
| Creators | Chung-Chih Chien, 錢忠直 |
| Contributors | 尹章華 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 270 |
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