碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 106 / The South China Sea is rich in resources and located in the transportation hubs between the Pacific Ocean and the Indian Ocean. The neighboring countries all want to transfer the South China Sea into the territorial sea of their country. Philippines submitted the dispute to arbitration on the grounds of the Huang-yan Island, and it was accepted and heard by the arbitral tribunal. Since the arbitration judgment of the South China Sea Arbitration Case was announced, public opinions have been magnified to examine the interests of the country, and Taiwan generally believes that the arbitration tribunal should not accept the South China Sea arbitration case from the beginning. Even it is accepted, all evidences should be considered. Except that there is no actual understanding of the actual conditions of Taiping Island, the judgment is judged only by adopting one-sided statement of Philippines. Therefore, for understanding the deduction of arbitration judgment, this study resaerch Philippines’ claims and the South China Sea Arbitration Case's criteria for determining the island to know The United Nations Convention on the Law of the Sea （UNCLOS）, Article 121 of the norms and history.
This study is based on the historical facts of Taiping Island, and discussed with the regime of islands established in the 1982 "United Nations Convention on the Law of the Sea", to observed its legislative reasons and analyzed the formation and definition of the island elements. After understanding the definition of islands, we will further explore the island’s rights to the seas and the island’s role, its influence, and various factors when it comes to the overlapping of maritime rights between countries. In accordance with the historical background and history of Article 121 of the 1982 UNCLOS, the South China Sea arbitration case was reviewed. However, Taiping Island is not a dispute point in the South China Sea arbitration case. The arbitral tribunal made a comprehensive interpretation in the arbitration judgment. In the judgment, Taiping Island was identified as a rock reef and could not enjoy the rights of exclusive economic sea areas and continental reefs. This arbitration judgment has seriously affected Taiwan’s right to exercise Taiping Island.
What is the legal status of Taiping Island ? It mainly involves the concept of uncertainty in natural resources, navigational rights and island regime . On the legal level, the regime of islands has been clearly explained in the South China Sea arbitration case, which can clarify the issue of island controversy that has been controversial for a long time. On the political level, natural resources are related to the development of the country and the extension of sovereignty. Taiwan advocates the historical rights of the South China Sea. The sovereignty and legal status of the South China Sea resources and islands and reefs are of considerable legal and political significance to Taiwan. China also claims sovereignty with historic rights. After the South China Sea arbitration case was announced, The attitudes and circumstances with China, Philippines and other neighboring countries regarding the South China Sea arbitration case will affect the stability of the East Asia region. This study puts forward Taiwan’s practice on Taiping Island through the reaction and impact of the United States, the Philippines, and China on the South China Sea arbitration case.
| Identifer | oai:union.ndltd.org:TW/106NTOU5273023 |
| Date | January 2018 |
| Creators | Yung-Shiang Huang, 黃永翔 |
| Contributors | Lih-Torng Chen, 陳荔彤 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 91 |
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