The legal control and regulations concerning the ocean mineral resources / 海洋礦物資源之法制研究

碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 92 / SUMMARY

Ocean is the place where the life has been born and developed; its surface-area is as large as 71% of the total surface of the earth. The huge ocean contains an enormouth amount of biological and non-biological resources. Non-biological resources particularly mineral resources, once exploited and utilized, will become less and less. The ocean resources, which are described as the “common heritage of mankind”, if not effectively explored and utilized, this heritage of mankind will some day be exhausted completely.
As the understanding as to the ocean mineral resources increases day by day, the mankind becomes more and more concerned about the exploitation and utilization of the ocean mineral resources. When a huge amount of valuable deep-sea mineral resources such as polymetallic nodules, cobalt nodules, polymetallic soft mud, and hot liquid sulfide beneath the sea-bed have been discovered, the mankind starts to re-consider the importance of the mineral products among the ocean mineral resources.
The present study is focused at the systems and regulations of various countries for the exploitation of the ocean mineral resources, and find out the problems against which the exploitation of the ocean mineral resources has encountered. Through an appropriate exploitation and utilization of the ocean resources and to satisfy the necessities of materials for mankind, we may establish an internationally acceptable legal institution, so as to avoid the over-exploitation of the ocean mineral resources, as well as the wasting of resources without properly exploiting them.
In Chapter 1 we will briefly introduce the contents of the ocean resources: and to introduce the non-biological resources of the ocean as well, through this to understand the importance of the ocean for the mankind.
In Chapter 2 we will introduce the basic legal and management institution of the cooperative exploitation of the ocean resources, the nature and regal regulations concerning the international co-operation in exploiting the ocean resources, and the modes of the exploitation. Through these we hope to understand what are the problems deriving from the exploitation of the ocean resources.
In Chapter 3 we will introduce the basic legal principles, the scope of the development of the exploitation of the ocean mineral resources; to introduce the traditional concepts concerning the exploitation of the ocean resources, the principles of “the common heritage of mankind” and “freedom of the high seas”, through which to clarify the legitimacy and fairness of the international co-operation in exploiting the ocean mineral resources.
In Chapter 4 we will deal with the management legal institution concerning beneath the sea-bed area of the ocean, that is the regulations and exploitation systems of the ocean mineral resources adopted by the International Sea-Bed Authority, through which to demonstrate the serious concern shown by the United Nations for the exploitation of the ocean resources.
In Chapter 5 6 and 7 we will introduce the international practices concerning the exploitation of the ocean mineral resources in the Antarctic and the South Sea areas, through this to understand the measures taken by the international co-operation for the exploitation of the ocean mineral resources.
Taiwan actually is an independent political entity, and therefore is entitled to join the United Nations Convention on the Law of the Sea and its related agreements, to become a member of the International Sea-Bed Authority, and to engage in the exploitation of minerals within the Area. Under the present circumstances when the Century of the Ocean is arriving Taiwan should establish “the Ministry of Ocean” to cope with the various ocean activities, so as to accelerate Taiwan to participate in the exploitation of the ocean mineral resources.

Identiferoai:union.ndltd.org:TW/092NTOU5273037
Date January 2004
CreatorsHo-Thun Huang, 黃和村
Contributors陳荔彤
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format228

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