碩士 / 國立高雄大學 / 法律學系碩士班 / 107 / With the advent of the United Nations Convention on the Law of the Sea of the Sea(UNCLOS), the new generation of maritime order is still unable to effectively divide the South China Sea(SCS) region. The activities of countries around SCS are also based on the Convention to deal with their behaviors, in addition to the conflicts of interest arising from traditional fishing. The rich exploitation of submarine oil reserves has strengthened the motivation and determination of all countries, resulting in friction that has never stopped, whether economically or militarily.
The regional international organizations in SCS, mainly based on the Association of Southeast Asian Nations (ASEAN), signed the "Declaration on the Conduct of Parties in the South China Sea"(DOC) in 2002, expecting to reduce friction and tension in the region, and reach a consensus among the ASEAN on the peaceful handling of the disputes in the SCS. However, there is no mandatory declaration, and it is still unable to resolve the dispute between China and the Philippines. The declaration of the SCS’s behavior will be negotiated for nearly 20 years. The South China Sea Code of Conduct(COC) will be a declaration of the SCS. The declaration on the behavior of the SCS, which was originally a consensus on the SCS affairs, was raised to a more binding COC among ASEAN member states, China intends to make ASEAN applicable to the application of this standard and to further limit the activities of third countries in the region, that is, may exclude regional member states. The entry of countries into the SCS for military activities has caused the United States, Japan and Australia to continue to pay attention.
Taiwan has the sovereignty of Taiping Island and managed it effectively. Although it is not a member of the ASEAN and not a signatory to the declaration of the parties to the SCS, can Taiwan, as a main body of international law, enter ASEAN by participating in other international inter-group models? This thesis will focus on the key points of the DOC and the way in which domestic laws are formulated.
From the perspective of international law, this study analyzes the evolution of the international law, the international law of the sea, the ASEAN on the issue of the SCS, and the legal exploration of the international law of China, U.S. and Taiwan against the SCS to help Taiwan in the future, the activities of the SCS have a solid foundation of international law.
| Identifer | oai:union.ndltd.org:TW/107NUK00194013 |
| Date | January 2019 |
| Creators | TSENG, TZU-YIN, 曾子茵 |
| Contributors | CHI, CHEN-CHING, KAO, JUI-CHUNG, 紀振清, 高瑞鍾 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 135 |
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