| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 94 === Abstract
There are six chapters in this article. Chapter one is the preface. The discussion is divided into five sections, including motive of research, objective of research, citation analysis of documents, research methods and restrictions. In chapter two, we analyze the territorial sea of Coast Guard Administration. It includes three sections. Firstly, we describe the connotation of the permanent principal of jurisdiction and its exceptions. Then, we discuss the jurisdictional and the administrative affairs which are inseparable from the jurisdiction of territory. Finally, we discuss the allocation and demarcation of the territorial sea, and the division of labor between the Coast Guard Administration and the executive administration.
In chapter three, we discuss the boundary and the regulations of the territorial sea governed by the Coast Guard Administration. Firstly, we discuss the inner water, territorial sea, contiguous zone, exclusive economic zone, continental shelf and high seas regulated by international law. Secondly, we discuss the ambit and regulations of the restricted water, forbidden water regulated by The Law of Cross-Strait Statute. Furthermore, we discuss the ambit and regulations of water area regulated by other laws. Finally, we discuss the stipulations of The Criminal Law of R.O.C. and special laws, and elucidate the praxis of the jurisdiction of The Maritime Criminal Law of our country.
In chapter four, we discuss the foundation of demarcation of the territorial sea and the jurisdiction of the Coast Guard Administration. Firstly, we introduce the principals of demarcation of all sorts of territorial sea regulated by international law. Secondly, we debate on the issue of the baseline of the territorial sea and maritime law enforcement claimed by our government. Moreover, we discuss the principals of demarcation and our law status of the temporary enforcement line of the U-line of the South China Sea, centerline of the strait, and the exclusive economic zone. Thus, we can demarcate the origin and range of the jurisdiction of territorial sea.
In chapter five, we discuss the issues of the jurisdiction of sea territories of Coast Guard Administration. Base on the Coast Guard Act, both coast and sea territories are the jurisdiction of Coast Guard administration. It seems necessary to amend and unify the criterion of demarcation, including the issues of the jurisdiction of territorial sea, contiguous zone, and exclusive economic zone. The contention about the sovereignty of Chinmem, Matzu, the South China Sea, and Diaoyutai Islands, which are under the governance of the Republic of China, has become more and more intricate. Therefore, the territorial sea jurisdiction of Coast Guard Administration should be amended on the principle of associated laws to set up a criterion of law enforcement.
Chapter six is the conclusion and suggestion. This article discourses upon the subject of right-exertion of Coast Guard Administration. This right-exertion, based primarily on domestic laws, secondarily on international laws, is established to examine on the jurisdiction of territorial sea within certain limits. The jurisdiction of territorial sea can be generalized into three categories: First, proclaimed and governable territorial sea. Second, unproclaimed but governable territorial sea. Third, unproclaimed and ungovernable baselines. Moreover, we should exert certain concrete actions on the contiguous zone. For example, publicize associated regulations, penalize those who disobey the law of reservation principle, and greatly amend associated enactments to legitimate contiguous zones. With regard to the issue of the jurisdiction of exclusive economic zone, the solution is to negotiate with adjacent countries and demarcate the outward bound. Presently, according to the temporary law-enforcement line of exclusive economic zone: outside of the law-enforcement line, we can adopt certain measures, such as providing documental or oral warnings or deportation; contrarily, inside of the law-enforcement line, we should take compelling measures to bring to judgment or arrest, in order to maintain the law-enforcement of Coast Guard Administration and declare the sovereignty of territorial sea of our nation.
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