| Summary: | 碩士 === 國立成功大學 === 海洋科技與事務研究所 === 96 === In the past 20 years, human use and reliance on the marine resources have increased day by day. Because of the highly use, some human activities bring serious problems to the ocean, especially the increasing pollution problems. It causes the ecosystem, species and circulations in the ocean collapse. In order to protect marine resources, species and habitats, setting up Marine Protected Areas (MPAs) becomes the trend in the world, solving various marine problems. Using all kinds of legal system and management tools can preserve resource, protect species and habitats. Besides, it can also preserve historical and cultural resource. Actually, "Convention on Biological Diversity"(CBD) and "Agenda 21" show the importance of Marine Protected Areas in their articles clearly.
The European Union added six environmental principles on its legal system. In such a way, the EU government can achieve the idea of "Prevention is better than cure" in the environmental management. At the same time, the implementation of NATURA 2000, as the Marine Protected Areas in Europe, helps the member states to set their Marine Protected Areas.
Marine Protected Areas in our country is represented by National Park. On December 19, 2006 officially announced to establish "Dongsha Marine National Park", and to found the "Marine National Park Administration Office". Planning management and the National Park are also conducted by the Marine National Park Administration Office. This paper aims at using the past research and the successful experience in Europe to analysis the legal problem in the setting process of Marine Protected Areas.
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