A Study on the Legal Status of Taiping Island─Focus on The South China Sea Arbitration
| Autor: | Lai, Chien-Chih, 賴建志 |
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| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 105 Since the judgment of The South China Sea Arbitration was confirmed, the domestic public opinion ran high, and the standard of the arbitration court was questioned. The arbitrators didn’t seem to understand the real state of Itu Aba Fully. They believed what the Philippines said and handed out. In order to understand the case, we have to check the standard of the case and what the Philippines’ positions are. When it come to how to define islands, we must have a discussion about the regime of islands. We focus on 1982 the United Nations Convention on the Law of the Sea, look over its legislative reason and analyze the element of the island and definition. After Understanding the definition of the island, we have a discussion about the right of the island and how we deal with the problem of overlapping the area among the countries, and what roles the island act, what the influence is and various factors we have to take into consideration. After understanding tentatively, we can carry on the discussion about the arbitrating case of the South China Sea. We will discuss the position of the Philippines, People’s republic of China and Republic of China, and how they prove the legal status of Itu Aba. The arbitral tribunal’s position is also important, which will influence how we define the legal status of an island. Itu Aba is judged as a rock, which means that Itu Aba doesn’t have its own exclusive economic zone and continental shelf, and that seriously infringes our country’s sovereignty right. So if Itu Aba is judged as an island, what will we obtain? For example, we can have our own exclusive economic zone and continental shelf, which provide us the right of managing and exploiting the petroleum and fisheries resources. Besides, the fast development of People’s republic of China make the countries around east and south-east Asia. What steps People’s republic of China will take is concerned by those countries. Lastly, like Itu Aba, Okinotorisima of Japan also has the same problem about its legal status. How it will be judged is probably influenced by the case of Itu Aba. So Okinotorisima of Japan is an island or a rock,which is worth thinking deeply. No matter how it’s defined, the result will have a huge impact on the area of Asia and the Pacific Ocean. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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