碩士 / 國立臺灣大學 / 法律學研究所 / 104 / Marine environmental protection gradually emerged as an important issue due to public environmental awareness, and relevant norms have developed through the legal means. In view of the legal regime on marine pollution through contextual analysis, processes of formulation, evolvement and transformation on the issue are often considered to be responses to severe pollution events on the sea; nevertheless, transnational community fail to reach any globally binding instruments on land-based marine pollution (LBMP), which comprises approximately 70-80% of marine pollution.
The thesis aims at reviewing and proposing suggestions to Taiwanese legislation related to LBMP by inducing possible rules and norms referred to in the context of transnational sources. Recognizing the existence of fruitful studies in article explanations, the thesis adopts an interdisciplinary approach, inclusive of ocean governance and policy research. As for the structure, the thesis defines LBMP at first and denotes the current prevention dilemma. Apart from rule-based analysis, the thesis reviews legal capacity of existing hard laws, following analysis on the function of soft law instruments, and ends at an overall review of Taiwan’s LBMP regime.
The thesis finds that transnational organizations have shown ideal influence in framing legal frameworks on LBMP. Considering Taiwan’s geographical surrounding and its position in East Asia, the thesis suggests the setting of regulation priorities and criteria on LBMP as top priorities. Finally, on governmental reorganization, the problem that which authority should be in charge of LBMP shall be evaluated carefully since LBMP sources are typically “land-based” in comparison with other types of marine pollution.
| Identifer | oai:union.ndltd.org:TW/104NTU05194036 |
| Date | January 2016 |
| Creators | Pai-Hsun Chang, 張百勛 |
| Contributors | Huang-Chih Chiang, 姜皇池 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 283 |
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