The Incorporation of UNCLOS into Domestic Legal Systems in Taiwan and Mainland China: A Comparative Study

• Main Author: 林合謚
• Other Authors: Michael Sheng-Ti Gau
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/25173616729911576345

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 101 === The United Nations Convention on the Law of the Sea has come into force on 16 December 1994. It is a major concern for States Parties to this Convention to reflect on whether they abide by the Convention so that it plays its role, on whether their domestic law is in conformity with the Convention in order to make full use of it to claim their maritime interests. It is quite useful for States Parties to analyze the advantages and disadvantages of the Convention to them, for they could use it as a tool to claim the expanded maritime zones under international law, and condemn other countries’ exaggerated maritime claims. There are disputes which heighten the tensions of maritime area of Taiwan, including the overlapping claims of maritime zones between Taiwan and its neighboring countries, sovereign disputes over some islands and ocean resources. And the fact that mainland of China implements the policy of construction of marine economic powerful nation, and that thus formulates relevant laws and regulations has a great influence on its neighboring countries’ ocean policy and laws, especially on Taiwan. Because of the history reasons, Taiwan and the Mainland’ claims over maritime zones and islands have a great similar, and thus their marine legislation and enforcement have an high correlation. In order to make a reference to Taiwan’s marine legislation and improve it, it is necessary for us to analyse the issues of incorporation UNCLOS into domestic law of the Mainland, and then make a comparion between their maritime zones legislation. This paper is divided into five chapters. Chapter One is preface. Chapter Two introduces the relevant provisions of UNCLOS. Chapter Three discusses the issues of incorporation UNCLOS into domestic law of the Mainland. Chapter Four addresses the relevant provisions of Law of Chinese Territorial Waters and Contiguous Zone and Law on the Exclusive Economic Zone and the Continental Shelf of the Republic of China. Chapter Five makes the conclusion and puts forward some recommendations to improve Taiwan’s marine legislation. And from the Chaper Two to Four, each will discusses the legal system of Internal Waters, legal system of Territorial Sea, Contiguous Zone, legal issues of Straits Used for International Navigation and Mid Ocean Archipelagos, legal system of Exclusive Economic Zone, and legal system of Continental Shelf in order.