碩士 / 國立中山大學 / 海洋事務研究所 / 96 / Since the United Nations Convention on the Law of the Sea (UNCLOS) became effective in 1994, many coastal countries have claimed the area within 200 nautical miles as their exclusive economic maritime space in succession. Taiwan promulgated the “Convention for the Territorial Sea and the Contiguous Zone” and “Exclusive Economic Zone and Continental Shelf Law” on January 21, 1998, and claimed the sea area within 200 nautical miles as the exclusive economic zone. However, this has overlapped with countries such as Japan, Philippines, and China, In addition to the rigorous cross-strait situation that leads to impossibility of negotiating the boundary, and the diplomatic predicament for Taiwan to deal with Japan and Philippines under the pressure from China. These have made Taiwan for not being able to negotiate the delimitation line according to the codes as stated in Article 74 of the UNCLOS,and stranded in sovereign rights to claim and maintain the exclusive economic zone. Thus, Taiwan has not been able to announce the delimitation line of its exclusive economic zone.
The northern area of Taiwan to the East Sea and the Diaoyutai Archipelago of the northeast Taiwan have involved the disputes of overlapping maritime space, and the controversy in the territorial sovereignty. As a result of there disputes, the problem is worsen and complicated further along with the problems of fishing rights between Taiwan and Japan. The incidence of fishing boats of Taiwan expelled by Japan vessels in Diaoyutai had made the fishermen in furious about the situation and condemnation of their government for not protecting the rights of the fisher. However, the overlapping exclusive economic zone and inability to negotiate the delimitation line, Taiwan is unable to maintain its fishing rights as a nation.
To solve this problem, the government had established the first “temporary enforcement line” for the exclusive economic zone based on “equitable principle” on November 7, 2003. This is to provide a safe fishing ground for Taiwanese fishermen and to gain a jurisdiction on maritime authorities. Japan also delimited the “middle line” in the overlapping sea area of Daioyutai based on the “equidistance principle”. The delimitation by Japan and Taiwan was not yet verified by both countries. These are only claimed under our own stands. The announcement of the “temporary enforcement line” has solved some problems, although disputes still exist. In dispites of this, there were occurrences of confrontation between both parties. Fortunately there are no major conflicts as a result of self-control manner. This study present that there are practical problems which need to be solved even after the establishment of the “temporary enforcement line”, although these should be dealt with according to the UNCLOS and faces stringent diplomatic predicament. It is very difficult to negotiate and solve the delimitation problem at present time. However, given more time with clear objectives and endless efforts, there would be hopes in resolving the problem of maritime rights in the future.
| Identifer | oai:union.ndltd.org:TW/096NSYS5274001 |
| Date | January 2008 |
| Creators | Kuang-hui Yeh, 葉光輝 |
| Contributors | Chiu-long Chou, 周秋隆 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 159 |
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