A Study on the Application of Regime of Islands in South China Sea Disputes Resolution
| Autor: | Huang, Ying-Ping, 黃盈萍 |
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| Rok vydání: | 2014 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 102 South China Sea has become the focus of Asian areas recently; especially the island disputes in this area involved marine resources, national sovereignty, and the division of sea and so on. It is not only conflicts among claimants but also interventions from international forces. This research is mainly about the principles and judicial cases of “The Regime of Islands” and “full sovereignty” in international law. The controversial content of UNCLOS number 121 was reviewed, followed by classical cases related to the sovereignty of islands in the South China Sea, and finally the analysis of numerous disputes. The research finding indicates the first criterion of natural environment in“The Regime of Islands”less controversial, and the third criterion about human habitation and economy norms was unclear and lack of consensus. The second criterion of the ownership of territorial or economical sea was directly influenced by the third. The central recognition of “The Regime of Islands” lies in effective control within the critical date. What has been done after the critical date does not matter. So the critical date and effective control should act as the guidelines simultaneously. The disputes in South China Sea contain some grey areas, especially in the definition of “human habitation” and “economy life”. This part requires international law to clarify and regulate. As for the sovereignty of islands in the South China Sea, countries involved do not reach any consensus currently. Yet Taiwan has been excluded, so our country needs to stand out for the sovereignty of Taiping Island through long-term negotiation so that solution can be reached. Finally, this research proposed to through the regulation of first and third criteria, it is possible to limit the ownership of territorial or economical sea of the second criterion, drawing from economy back to sovereignty issue. Hopefully this can lessen the conflicts of territorial sea, and make the claimants reconsider the possibility of compromise and cooperation. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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