碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 106 / On 22 January 2013, the Republic of Philippines initiated the case "The South China Sea Arbitration" against People’s Republic of China under the UN Convention on the Law of the Sea to the Permanent Court of Arbitration (PCA).
On 12 July 2016, the PCA has issued the "Award." Although Republic of China (as Taiwan) is not even a party in the case, however it was still involved.
The Philippines sought a ruling on against claims to historic rights within Nine-dash Line (U-Shaped Line) and the legal status of Itu Aba (Taiping Island), biggest feature in Spratly Islands. During the proceedings, assertions made by Taiwan and the unique status of ROC have been noticed by PCA and the Philippines, thereby the roles and effects of assertions made by Taiwan, are valued for study.
The thesis will introduce the Case, the Submissions made by the Philippines, relevant basis and issue on international law in Chapter 2 and 3. Thereinafter, the assertions and claims on U-shaped Line, historic rights, Itu Aba made by Taiwan, the Philippines and the finds made by the Tribunal will be discussed in Chapter 4 and 5. In chapter 6, the thesis will discuss the roles and effects of the assertions made by Taiwan, in accordance with the change of the assertions thereafter made by DPP government and the possible effects. The conclusion will be brought in Chapter 7.
| Identifer | oai:union.ndltd.org:TW/106NTOU5273024 |
| Date | January 2018 |
| Creators | Fan, Hsiang-Yao, 范相堯 |
| Contributors | Michael Sheng-ti Gau, 高聖惕 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 72 |
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