碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 95 / Abstract
The occurrence of the sea distress of the British ship S.S.Titanic on 1912, that deprived many precious human life, had cease men’s desire on conquering ocean, however, it also raised the international concern upon the issue of vessel’s navigability, structure, equipment and least standard of operation. The 1974 International Convention for the Safety of Life at Sea, also known as SOLAS, was established due to the extensive attention upon human life and safety during navigation, thus promoted new thought and approach towards the management on the safety of maritime traffic.
Since our country is in island form, it is best for the nation focusing on the maritime trade and cultivating the tourism opportunity, in order to sustain the nation’s economy. It is necessary to be more sensitive and learning from the modern country on how to develop maritime traffic, when facing the establishment of The UN Convention on the Law of the Sea (1982) and International Regulations for Preventing Collision at Sea (1972). Although our nation could not regulate laws base on the UN’s regulation, it is still possible to take the advantage on that international regulation’s legality has rarely been questioned therefore legislating domestic law according to the international regulation would be an adequate measure. Such method would enhance the efficiency of the domestic law and ensure the safety of the maritime traffic, human life and properties. In addition, it would also maintain the maritime order, preventing pollution to the maritime environment, protecting maritime interest and the integrity of the nation’s sovereignty. However, regarding to our country’s maritime regulation, it is scattered on several domestic laws, so when looking at the demand for the safety of maritime traffic, it is easy to observe that the nation’s passive response upon the maritime traffic issue.
Therefore, it is necessary for the nation to simulate the international regulation concerning the safety of maritime traffic. Furthermore, when utilizing the experience from the foreign country, such as United States, Canada, Japan, and Mainland China regarding to the management on the safety of maritime traffic, is a helpful approach to examine our country’s current enforcement and regulations. The purpose is to demonstrate the necessity of a specified law on the area of safety of maritime traffic. So that it is possible to enhance the effectiveness on implementing the safety of maritime traffic, enforcing the management on the safety of maritime traffic, formulating navigation rout, installing navigation mark, maintaining maritime traffic order, preventing unlawful conduct that would endanger navigation, eliminating obstacles that obstruct navigation, providing information needed for the navigation safety, ensuring maritime navigation safety, establishing maritime inspection, fulfilling obligation upon treaties, sustaining the maritime status quo. Thus, it is possible to achieve the goal on protecting the country’s social and national security, even upholding the nation’s sovereignty and matching the international trend.
If the legislation could integrate the scattered domestic laws, it’s surly an advantage for the country to develop into a maritime nation, and will be accredited by most of foreign nations.
Key words: Seaworthiness; the Safety of Maritime Traffic; Sea distress；International Law；Law of the Sea
| Identifer | oai:union.ndltd.org:TW/095NTOU5273028 |
| Date | January 2007 |
| Creators | Hung-Hui -Huang, 黃鴻輝 |
| Contributors | Lihtorng -Chen, 陳荔彤 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 246 |
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