碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 99 / Abstract
Countries are obligated to implement international law, and the way of implementation is determined by the content of international law. However, international law has not stipulated that it is directly effective in the field of Taiwan law, but rather relied on Taiwan law to introduce it into the field of Taiwan law. After international law is introduced into the field of Taiwan law, it begins to have effect in the field of Taiwan law. As for the mechanisms introduced into the field of Taiwan law, there are no uniform regulations in international law, and Taiwan law is permitted to autonomously regulate it. Under such conditions, for various countries, Taiwan law is regulated separately to introduce international law into the mechanisms of Taiwan law.
Taiwan has unique national circumstances. After it lost its seat in the United Nations in 1971, it has been unable to participate or approve the charters promoted by the United Nations. Even previously signed and approved charters have all been revoked at the request of China after it entered the United Nations. Thus, for Taiwan to implement its obligations in international law and work for international society, it has to work hard on its own in order to resolve this difficult legal situation.
This paper studies the existing mechanisms of international maritime law being domesticized in Taiwan, and further discusses methods that can be used in Taiwan law. This study is divided into 7 chapters, the main points of which are explained as follows:
Chapter 1 is the introduction, which primarily describes the research motivation, research purpose, and research methodology and scope of this paper.
Chapter 2 discusses the efficacy of international law in the field of Taiwan law, which primarily discusses the relationship between international law and Taiwan law, as well as the domestic incorporation of international charters by important nations.
Chapter 3 is the mechanisms of domestic incorporation of international charters in Taiwan, primarily exploring the related legal regulations in Taiwan, as well as problems of hierarchy, interpretation, and applicability after domestic incorporation of international charters.
Chapter 4 provides a description of primary international maritime charters, explaining the regulations of primary international maritime laws.
Chapter 5 covers the current state of Taiwan’s domestic incorporation of international maritime law, exploring the regulations of Taiwanese maritime law.
Chapter 6 covers the problems relating to the future domestic incorporation of international maritime law and methods of legislation.
Chapter 7 is the conclusion.
| Identifer | oai:union.ndltd.org:TW/099NTOU5273026 |
| Date | January 2011 |
| Creators | SHAO-CHIN LIU, 劉少欽 |
| Contributors | Robert Lih Torng,Ph.D., 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 | 204 |
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