碩士 / 國立政治大學 / 法律學研究所 / 103 / “Whirling of the ocean, beautiful island (Ilha Formosa).” Taiwan is surrounded with sea and rich at marine lives due to the location at intersection of ocean currents. Furthermore, Taiwan is situated in asian Monsoon area, surrounding area is international cruise channel. Therefore, accidents happened here lead to large amount of cultural heritages under the water which are described as “Time Capsule”. These shall be treasure of all human beings. In this essay, the author asserts that the research of “marine protected areas” (MPA) which aims at marine lives and cultural heritages protection is necessary.
In this essay, the definition of “marine protected area” to the following documents: (1) Article 2 of Convention on Biological Diversity(1992) and the recommendation of the Secretariat (2004). (2) “Protected Area Management Categories guide” (1994) which is published by World Conservation Union (IUCN), defines the “protection zone” and the Alliance in 2008. (3) Definition of marine protected area regulated in “World Conservation Union (IUCN) 17th General Assembly resolution No. 17.38” and statutes of USA and Australia. To sum up, “marine protected area” could be a integrated concept of both marine lives and cultural heritages protection. Legal system formed by this is then essential.
This research takes a view of related documents concerning marine protected area, including international documents such as “Convention on Biological Diversity” (direct mentioned), “United Nations Convention on the Law of Sea" (broadly related), and “United Nations Convention on the Protection of Underwater Cultural Heritage” (“locally preserved of underwater cultural heritage” is mentioned). In this essay, the author will thoroughly discuss the theory about marine protected area from the perspectives both of international law and public law, so as to enrich its meaning and strengthen the necessity of its foundation.
After that, this research finds current status and problems within the nation through the review of statutes regarding marine protected area. Meanwhile two representative cases : “The Dongsha Atoll National Park” and “The South Penghu Marine National Park” are examples to explain the issues.
After analyzing current status of national marine protected area, it can be found that there are still many defaults. First of all, too many agencies lead to difficulties of authorities distinguishment. The author asserts that delimiting zone of marine protected is a general administrative decision made to the object and thus has impact on interested parties. As a result of that, it is necessary to build up mechanism of “public participation”. This research introduces theories regarding “public participation” and indicates the development of future legislation.Furthermore, in draft of “Underwater cultural heritage preservation Act”, delimiting “underwater cultural heritage preservation area” would cause applying problems with other statutes so that these should be resolved first. At last, reforms of organisations would be discussed. Currently, reform of governmental organisations is still in progess and confirms the foundation of ocean affairs authorities such as ocean commission and ocean conservation agency. With this reform, current chaos about organisations may no longer exist. This research outlines the new horizon of “making a blue revolution, and seeking prosperity from the ocean.”
This essay combines perspectives of ocean preservation and cultural heritage protection.With the discussion of related issues, this essay aims to include so much interests as possible. In order to keep the ocean with creatures and heritages for the posterity, it is not only meaningful but also important.
| Identifer | oai:union.ndltd.org:TW/103NCCU5194063 |
| Creators | Wang, Yi Cheng, 王奕晟 |
| Contributors | Chen, Chen Ju, 陳貞如 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 409 |
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