Research on the South China Sea Arbitration--The Litigation Strategy of Taiwan

• Main Authors: Chung, Hsiao-Ya, 鍾曉亞
• Other Authors: Chen, Chun-I
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/ezbk3t

碩士 === 國立政治大學 === 外交學系戰略與國際事務碩士在職專班 === 107 === After the arbitral tribunal pursuant to Annex VII of the United Nations Convention on the Law of the Sea announced the Philippine South China Sea Arbitration Awards No. 2013-19 on July 12, 2016, it has aroused severe criticism by the governments and scholars from R.O.C. and P.R.C. However, should the ruling has received recognitions from the foreign academic society and international judicial regime, it will lead future judgements and influence the interests of states around the South China Sea. By analyzing the applicability of foreign scholars, international judicial precedence and state practices, this thesis tries to verify the suitability of the Arbitration regarding the issues of historical rights and island disputes. It is also based on the evidence submitted by the governments of China and Philippines, as well as the Amicus Curiae by the Chinese(Taiwan) Society of International Law, trying to analyzes the evidence evaluation by the Arbitration, and then proposes the strategy of future response to litigation.