博士 / 國立臺灣師範大學 / 政治學研究所 / 107 / Since United Nations Convention on the Law of the Sea was adopted in 1982, the regime of islands has been a considerable subject of debate in international law of the sea. Not only the regime of islands involves the legal status of the island (or reef) itself, but also involves the division of the marine area between the coastal state and the adjacent or opposite States. Especially the establishment of the regime of the Exclusive Economic Zone of 200 nautical miles, countries around the world are keeping close eye on the legal status of the island (or reef). In April 2012, after the military confrontation between the Philippines and China on Scarborough Shoal, Philippines initiated a “South China Sea Arbitration Case”, which hoped to have a containment effect on mainland China through compulsory arbitration. The most controversial issue of the case is the Provisional Arbitration Tribunal’s intent to clarify the fuzziness of the original regime of islands and give more specific and precise definition of the regime of islands provision. Rather than solving the existing regime of islands disputes, these efforts had raised more disputes instead. This thesis attempts to adopt the legislative process of the regime of islands, and the important timeline of meetings and discussions as basis; examines in-depth focus on the ambiguity of the regime of islands norms; provides comprehensive views and perspectives, including the land reclamation of the Chinese mainland in the Spratlys, and the legal implications and challenges based on Provisional Arbitral Tribunal’s new definition of the regime of islands. Lastly, supplemented case studies to map a more comprehensive rationale as reference to amend the convention in the future.
| Identifer | oai:union.ndltd.org:TW/107NTNU5011001 |
| Date | January 2019 |
| Creators | Cheng, Jen-Chih, 鄭仁智 |
| Contributors | Wang, Dustin Kuan-Hsiung, 王冠雄 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 261 |
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