碩士 / 國立清華大學 / 科技法律研究所 / 100 / Abstract
The South China Sea area, an important marine channel and strategic location, reserves abundant oil and natural resources. Therefore the surrounding countries, include People’s Republic of China, Vietnam, the Philippines, Malaysia, Brunei and Republic of China（Taiwan）, vie for the benefit from the area. Republic of China (Taiwan) claims that Nansha Islands (Spratly Islands), Shisha Islands (Paracel Islands), Chungsha Islands (Macclesfield Islands), Tungsha Islands (Pratas Islands), without a doubt fall under the sovereignty of the government of the Republic of China (Taiwan) in any aspect —history, geography or international law. The conflicts between South China Sea countries have been intense in recent years. In April 2012, a group of Chinese fishing men expelled by Philippine navy force and since then a standoff between People’s Republic of China and Philippine had been held. In June 2012, the tension between the two countries started to be dissolved after the two countries announced seasonal fishing bans. Events of alike happen recurrently in this area of dispute. In 2002, those dispute-related countries tried to solve the problem by signing the ASEAN-China Declaration of Conduct on the South China Sea. Despite the signing of the declaration the dispute cannot be easily solved due to conflicting interests. The above- mentioned standoff is one of the cases resulting from conflicting interests.
Regarding the principle of the land dominates the sea, once the country owns sovereignty over disputed islands; the country can claim the right of its surrounding waters. In the recent international law cases concerning sovereignty over islands, including” Sovereignty over Pulau Ligitan and Pulau Sipadan “of year 2000, “Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea” of year 2007 and” Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge” of year 2008, it can be inferred that the principle of Effectivités is one of the most important criteria applying to the cases.
The Principle of Effectivités means that the sovereignty country exercise real and actual act of sovereignty bases on its sovereignty intention, which is the examination for court to identify the legitimation of ownership on disputed island.
This study thoroughly focus on three case: “the Sovereignty over Pulau Ligitan and Pulau Sipadan”, “Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea” and “Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge”. The court opinions and criteria about the principle of Effectivités articulated in those cases are used for the comparisons of the acts of Peoples’ Republic of China and Republic of China（Taiwan）, and the results of the comparisons are strong support for the advice about the solid sovereignty of our country on those islands.
| Identifer | oai:union.ndltd.org:TW/100NTHU5705008 |
| Date | January 2012 |
| Creators | Liu, Chien-Chi, 劉千綺 |
| Contributors | Fan, Chien-Te, 范建得 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 87 |
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