| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 94 === Ocean is the place where the life has been born and developed; its surface-area is as large as 71% of the total surface of the earth. The huge ocean contains an enormous amount of biological and non-biological resources. Non-biological resources particularly mineral resources, once exploited and utilized, will become less and less. The ocean resources, which are described as the “common heritage of mankind”, if not effectively explored and utilized, this heritage of mankind will some day be exhausted completely.
This article by the non-biological and the biological resources conflict which faces from present Taiwan’s maritime all around is a starting point. The mainly struggle of petroleum energy mineral resource which refers to East China Sea is in the non-biological resources conflict, mainly fishery conflict which refers to Japan in the East China Sea and Philippines in the Bashi Channel is in the biological resources conflict, so present Chapter I of the article introduce in light of above. The struggle of petroleum energy mineral resource in East China Sea source from report of investigation in “ Committee for Coordination of Joint Prospecting for Mineral Resource in Asian Offshore Area, (CCOP)” and brings about the struggle in East China Sea which “the middle line” and “the natural prolongation ” in China and Japan, the fishery conflict about the fishing boat material which states by the newspapers for the article introduced is detained or drives to the position and correlation following handling in the East China Sea and Bashi Channel.
Proved various is attributed to Taiwan in the above conflict with to be short of the demarcation standard to the maritime near the country, therefore the international demarcation legal system demarcation standard on the maritime in Chapter II and the domestic correlation legal system standard in Chapter III introduced and examined. Separately the Chapter VI and V introduces conflict on the above non-biological and the biological resources with unique chapters, and by 1982 UN Convention on the Law of the Sea correlation article construct its content, we may know in the non-biological resources development relating to the traditional deep sea bed status and by above Convention Part XI “Area” research development possibility which “joint development” in the national jurisdiction maritime non-biological resources in the legislation process and the national practices. In the above Convention announces the “Exclusive Economic Zone(EEZ)” sea legal regime after 1982, it is worth taking impact along the coastal state biological fishery resources, and only should with understands the above Convention right and the obligation surface request from Taiwan and the neighboring country fishery conflict geographical position and the EEZ maritime overlap relatedness.
Finally, Separately we proposes the solutions in the Chapter VI on the above non-biological and the biological resources conflict. In East China Sea aspect, we embarks from suggested the demarcation of the EEZ in East China Sea, so we wrap entering the “joint development” system feasible appraisal deposited by Taiwan the foundation which participated in the East China Sea petroleum energy mineral. In fishery conflict aspect, besides strengthens fishery discussion with Japanese in East China Sea, we should define it whether to the Diaoyu (Senkaku) Islands jurisdictional disputes from the above Convention correlation articles to claim the EEZ and the continental shelf, as for the fisherman rights and interests to claim of Okinotorishima Islandm, we should persevere the law of the sea the stipulations according to argue vigorously to the Japanese side. In Bashi Channel aspect, we should take the demarcation of the EEZ with Philippines above Convention stipulations as a first choice and deliberate the correlation stipulations which the above demarcation of the EEZ in East China Sea.
Keywords：Exclusive Economic Zone（EEZ）、continental shelf、joint development
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