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一九八二年海洋法公約在航空法上之應用及其問題
Journal article   Peer reviewed

一九八二年海洋法公約在航空法上之應用及其問題

東吳法律學報 東吳法律學報, Vol.19(2), pp.109-139
2007

Abstract

一九八二年聯合國海洋法公約;國際航空法;領海;專屬經濟區;空防識別區;群島水域;島嶼制度;公海;芝加哥公約;1982 United Nations Convention on the Law of the Sea UNCLOS;International Law of the Air;Territorial Sea;Exclusive Economic Zone;ADIZ's;Archipelagic Waters;Regime of Islands;High Sea;Chicago Conventio

The 1982 United Nations Convention on the Law of the Sea (the UNCLOS) has for the first time codified with a comprehensive scale of the judicial narrations and practice of international law of the sea. It would be of great interests to deplore how the international law of air, which governs the aviation activities within almost the same territorial scheme, applies or complies with the customary international laws or sui generis crystallized in the UNCLOS. In the meantime, by the same token, one may be offered a closer look at the air law issues embodied generically in the law of the sea, and the marine policies inherited in the respective aviation regulations. This article is therefore intending to study the legal implications of the selected topics of the UNCLOS, i.e., Territorial Sea, Contiguous Zone, Transit Passage, Archipelagic Waters, Exclusive Economic Zone, Regime of Islands, and the High Sea, and their effects over the current regimes of international air law, so to reveal the latter's pragmatic aspects, and further to envisage the future progress of this growing context. A side evaluation of the policies adopted and the consequent infrastructure of Taiwanese laws of the sea is also provided herewith through the requisite comparison between which and the UNCLOS.

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