The Maritime Aspects of the Republic of China`s Constitution: Some Observations

Abstract

The 1982 United Nations Convention on the Law of the Sea finally entered into force on November 16, 1994, and up to August 1995, more than eighty countries had ratified or acceded to this new institution. In all respects, this is indeed a breakthrough in the modern development of an international law of the sea. The Convention is quite comprehensive, not only codifying preexisting customary rules on maritime affairs, but also creating some new regimes to suit the modern uses of the marine sphere. Although the Constitution of the Republic of China (ROC) was enacted some fifty years ago, it is not without references to maritime law. For example, it expressly mentions in Article 108 that the central government has power over the shipping and marine fishery. Through interpretation, it is therefore submitted that fundamental laws in this country are capable of keeping pace with the aforementioned developments in the law of the sea.