A Study on the Judicial Settlement of the Dispute Maritime Between Taiwan and Japan －Aspect of Taiwan Legal Statu

• Main Authors: Tommy K.Y Hsu, 徐國勇
• Other Authors: Robert Lih-torng Chen
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/35162259502260128081

博士 === 國立臺灣海洋大學 === 海洋法律研究所 === 100 === Taiwan, surrounded by seas and being close to neighboring countries, makes its exclusive economic zone (EEZ) and continental shelf overlapped with the others. As a result, maritime disputes occur regularly. The Maritime Delimitation with neighboring countries, therefore, becomes an important subject. The maritime territory in East China Sea of Taiwan’s north is the traditional fishing ground of Taiwan. At present, however, it has been overlapped by Taiwan, Japan and China’s exclusive economic zones. In the other hand, there are vast amounts of minerals of various kinds in the continental shelves of East China Sea. China has started vastly exploited Chunxiao Oil Field there, which action has triggered Japan’s protest and become the source of regional disputes. Thus it is urgent to settle the overlapping issues of EEZ and the delimitation of continental shelves. Because of Taiwan’s special international status, combined with Beijing’s pressure exerted around the world, Taiwan’s status is uncertain. This has led to Taiwan’s international space being squeezed and therefore hard to voice internationally. This paper seeks to elaborate the relationship between Taiwan’s international legal status and the issue of maritime delimitation in the hopes of bringing about further discussions in scholar and government communities, protecting Taiwan’s maritime rights from the occurrence Taiwan-Japan maritime disputes. In addition, we hope to contribute to the understanding of how to improve Taiwan’s international legal status by examining maritime delimitation.