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Ambassador report

[Ambassador report] Thematic Report:Taiwan Marine Basic Law Report

by Yu Hsuan Huang | 21-11-2019 00:53 Comments 4 Comments recommendations 0 recommendations



The Basic Law of the Sea is a bill passed by Taiwan in early November on the policy of the maritime nation. The main background of the revision is because Taiwan’s own geography is surrounded by the sea. In addition, the legal system used in Taiwan in the past is the civil law system. Therefore, in the Anglo-American legal system based on the law of the sea, Taiwan is used by the innate laws. There is a limited degree of knowledge about the marine ecology around, and there is no certain norm to allow ocean-related matters to have the rights they should have.

 

In the previous National Marine Education Policy White Paper of the Executive Yuan, the White Paper on the Ocean Policy of the Executive Yuan, and the White Paper on Ocean Education Policy of the Ministry of Education, I learned about the implementation of the marine policy and the marine industry.

 

Because the fishing industry in the generals of Tainan will work for the big cities with better working conditions, the people who stay in the country will be aging populations, and the consequences of such industrial ecology will be It will be the loss of inheritance after the death of the elderly. If there is a law of the sea, it will allow young people in the field to have incentives to return.

 

Moreover, because the International Law Association is the reference for domestic law, UNCLOS was signed on December 10, 1982, and became effective on November 16, 1994. The Convention is mainly to convey the following quotation: "Through this Convention, a legal order for the sea is established in order to facilitate international traffic and promote the peaceful use of the sea, and the marine resources are fair and effective. Use, conservation of marine living resources and research, protection and preservation of the marine environment."

 

This is to allow all maritime countries to treat the ocean as a whole, so that domestic legislation and administrative systems can have an opportunity to take stock and reorganize resources. It also guides the maritime countries to carry out comprehensive policy planning, legal and organizational restructuring of their marine activities and utilization, as well as the national maritime rights and interests involved. Therefore, the Basic Law of the Sea appears in our legislation.

 

The basic law of the sea mainly governs what content. From the 23 appeals in the bill, we can know what benefits the law of the sea can bring to the people: 1. The legislative spirit and purpose of this law; 2. The competent authority for marine policy and affairs. Responsibility and the stipulations of the national maritime strategy; 3. Responsibilities of relevant government ministries and local governments; 4. Rights, opinions, cooperation, and coordination of China's territorial waters, exclusive economic sea areas, and mainland sheds; 5. The government should actively participate in various International cooperation in the form; 6. The national marine strategy derived from this Law, other relevant marine regulations, policies, or policies shall be consistent with the principles of perseverance, early warning, openness, integration, and respect for the aboriginal people;

 

The following is the norm that allows talents to invest in the marine industry: 7. The government should develop an environment that fosters marine-related scientific and technological talents; 8. The government should implement marine national education; 9. The government should preserve marine culture, cultural relics, and knowledge to demonstrate China's culture. Human rights attach importance; 10. The government should enhance the accessibility of the ocean; 11. The government should rationally divide the marine resources and functional divisions to allocate resources and comprehensive management; 12. The government should properly maintain the sea area and manage the sea area resources. It is also necessary to actively protect and rehabilitate marine ecosystems and the environment; XIII. The government should establish a system of marine protected areas; 14. The government should develop countermeasures to meet the challenges of climate change.

 

Followed by the preservation of the ecological industry: 15. The government should assist in the regeneration, transformation, rights and security of coastal and outlying island settlements. 16. The government should integrate relevant powers and responsibilities to effectively prevent and control marine pollution. 17. The government should effectively manage fisheries. And improve the aquatic industry; 18, the government should actively research and develop marine energy to benefit China's energy transformation; 19, the government should promote the implementation of the concept of green port and ecological port, reduce resources idle, waste; Development of marine tourism and leisure industry; 21, the government must target the development of key industries; 22, the government should ensure the safety and rights of the marine area; 23, the government should take the necessary measures to ensure that the budget is in line with the implementation policy Required and related fund allocation.

 

From the above appeals, we can understand that the marine law has been established under the policy to ecological maintenance, and can also echo the fourteenth goal of the 2030 Agenda for Sustainable Development, officially with the Canadian Ocean Law Oceans Act, Japan Ocean The Basic Law is on an equal footing and has taken the first step in the positioning of Taiwan as a maritime country in the future.


Reference:

https://www.oac.gov.tw/GipOpen/wSite/ct?xItem=127526&ctNode=10756&mp=oac



Taiwan Marine

4 Comments

Lisa Mentor

  • Lisa Mentor says :
    Hello Yu Hsuan!
    This is your mentor Lisa.

    I think you have done a great job, analyzing the problem from its foundation.
    I do hope as well that these new laws will be able to revitalize the fishing industry of your country. Moreover, I am not sure of the commonly used practices in Taiwan's fishing industries, but I hope that the inflow of new generation in the fishing industry will also change the methodologies to be sustainable and environmentally friendly!

    Thanks for telling the story of your country and green cheers for you!

    Posted 26-11-2019 15:58

Kushal Naharki

  • Kushal Naharki says :
    Hello Yu Hsuan

    I do hope that you are fine and doing great with your works.
    Thank you for your report about Taiwan Marine Basic Law

    Green Cheers from Nepal :)
    Keep writing great reports.
    We are eager to read more reports from you.

    Regards,
    Kushal Naharki

    Posted 26-11-2019 01:01

Hyeongmin Mentor

  • Hyeongmin Mentor says :
    Hello Yu Hsuan

    Thank you for the detailed explanation about the marine law in Taiwan.
    I think Taiwan and Korea, where I live have some aspects about marine life in common. Taiwan is surrounded with water, and Korea is also part of the peninsula interacting much with the ocean.
    Of some situations about Taiwan you mentioned, problem about the aging country side seems to be the problem that is getting more and more serious in many nations. I hope the succession of the marine policies implemented in Taiwan and neighboring countries can take it as the role model.

    Again, thank you for the great report.
    Posted 24-11-2019 12:44

Meena Pandey

  • Meena Pandey says :
    Hello Yu Hsuan!!
    I hope you are fine and doing great.

    I really enjoyed reading yours report.

    Keep writing and shining.

    Warm regards,
    Meena
    Posted 21-11-2019 15:41

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