The Sovereignty Disputes of the Islands and Rocks in South China Sea and the Identity of the U-Shaped Line / 南海島礁主權爭議及U字形水域主張之定位

碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 101 / Abstract

The dispute over sovereignty issue in South China Sea has existed for a long time. The countries involved in this dispute include Taiwan (The Republic of China), China (The People Republic of China), Philippines, Vietnam, Malaysia, Brunei and other countries. Each country has claimed the partial or whole ownership of the sovereignty over the islands and waters in this region.

This paper aims to focus on the discussion over the major conflicts in this area and explore the impact from the conflicts then compare the relevant legislation and practice in each country about the sovereignty right for this area. It also highlights the historical documents, national policies about South China Sea and islands and rocks in South China Sea.

The current conflict in South China Sea has exposed the dilemma of Taiwan's diplomatic and national security policies. Due to the lack of formal diplomatic relationship in this region, it is difficult for Taiwan to implement certain policies in this region. The dispute over this region not only affects the security and stability in Asia-Pacific, but also creates the concerns from the countries outside this region.
This paper will cover the issues raised in the countries involved and the policies and stance from the United States and Japan over the sovereignty in South China Sea.

South China Sea issue has since become an international matter. The countries in South China Sea concern the military and navy expansion from China and whose ignorance of Taiwan’s policies over this region. Whether Taiwan can gain the maximum political and economical benefits depends on Taiwan’s policies over this region. It is however difficult for the neighbouring countries in this region to start any formal dialogue with Taiwan after the cease of it’s "The Policy Guidelines for South China Sea " in 2005.

The premise of settling any international disputes requires the official dialogue or negotiation among the governments involved, Taiwanese government is however not recognised as an official country by any government involved in this matter. The countries in this region therefore cannot initiate any official ‘government to government’ dialogue with Taiwan to resolve the legal dispute over the U-shaped line in South China Sea? Even the countries are willing to work with Taiwanese government and start a "government to government" dialogue, the Taiwanese government has long lacked the clear policies over this region thus caused the dispute.

Therefore, it is believed that Taiwan should reinforce its ownership of sovereignty over this region and reinstate the policies that an official approval from Taiwan is required prior to any activities in the region. Taiwanese government should also proactively seek to understand the policies or activities in the region and soon to establish its policy of South China Sea. Doing so will reinforce Taiwan’s stance in the region and to secure its share of the abundant national resources in this region.

Identiferoai:union.ndltd.org:TW/101NTOU5273013
Date January 2013
CreatorsChung-Wei Hsu, 許崇瑋
ContributorsRobert Lih-Torng Chen, 陳荔彤
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format116

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