碩士 / 淡江大學 / 國際事務與戰略研究所碩士班 / 99 / The connection between Humans and the ocean has strengthened with the progress and development of human society. Ocean becomes an indivisible element of human living. The operation of any human activity requires principles and doctrines; when it comes to ocean affairs, there is no exception. (United Nations Convention on the Law of the Sea, UNCLOS) was initiated from the international custom in Europe; it later spread to the rest of the world with the expansion of the influence of the West. Since the scope of ocean affairs is becoming much wider and complex, the idea to turn the existed custom into regulations is discussed among nations.
After the establishment of the United Nations (UN), to compile the International Law was set to its goal of development. Issues that are related to the ocean became one of the targets. The UNCLOS was endorsed by nations on 10 December 1982 and validated on 16 November 1994 after a nine-year long meeting of tardiness. The framework of law to ocean affairs was taking shape hence. With the expansion of ocean affairs, the content of the convention keeps developing. Including Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 and Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. Both of them become the indivisible part of the convention.
Taiwan confronted an embarrassing status in the international society after the failure in Mainland. The Resolution 2758 admitted the People’s Republic of China as the only representative of China in the UN. Since then the international status of Taiwan experienced a dramatic decline and fall in numbers of diplomatic relations with other nations. The UNCLOS was signed in the 80s; due to Taiwan’s status back then it was tough to sign or join in.
As a maritime state, Taiwan has obligations when participating in ocean affairs. Because of the special status quo of Taiwan, a direct participation in the convention has its challenge. Alternatives are proposed by the government and the academia, from the unilateral participation to the bilateral and multilateral systems, even join regional organizations as various identities.
However, Taiwan’s current resolutions are not operated effectively with the influence of international politics. Compared to the dilemma aroused by the external complexity of diplomacy and international system, the breakthrough exists in the domestic. There are rooms for improvements in policies related to ocean affairs, domestic regulations that match the spirit of the UNCLOS, adjustments in governmental organizations and relocations of state resources. Only by a full preparation in the controllable scope can Taiwan handle properly and reduce negative effects when encountering the external impact.
| Identifer | oai:union.ndltd.org:TW/099TKU05322030 |
| Date | January 2011 |
| Creators | Shih-Mao Lin, 林士茂 |
| Contributors | 李大中 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 152 |
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