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Korea’s Legislative Protection On Dokdo And Its Enlightenment To China

Posted on:2021-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:L N ZhangFull Text:PDF
GTID:2506306461956049Subject:Master of law
Abstract/Summary:PDF Full Text Request
The disputes over sovereignty over the islands and are at the root and core of tmaritime issues surrounding China.These disputes concern the territorial integrity of the country and highly sensitive,making it difficult for them to be completely resolved in a short period of time.Since 1998,South Korea has introduced comprehensive legislation on the island,interpreting South Korea’s views on the disputed island and its related legislative features,legislative models and specific protection measures,and exploring ways and means for South Korea to compete for the rights and interests of the sea and settle maritime disputes,with a view to construct and improve its current legal system for island protection.The first part,analysis the reasons for South Korea’s separate legislation on Dokdo.From the historical perspective,the dispute between Korea and Japan over the "Anlongfu" incident of the Lee dynasty of North Korea still continues,in addition,the geographical advantages,economic value and political ecological value of Dokdo cannot be underestimated.It is based on such unique historical background and strategic significance that South Korea intends to strengthen the effective control of Dokdo through legislation.It is mainly divided into three aspects,one is to analyze the historical origin and development of the Korean-Japanese island dispute,the other is to analyze the importance of the island,including geographical advantages,economic value and political ecological value,and the third is to explain the intention of South Korea to strengthen the effective control of the island through legislation on the island.The second part,mainly combs the south korean to dodo legislation style and the legislation characteristic,the south korea now through the law,the implementation order,the implementation rule,the dodo sustainable utilization basic plan altogether four levels carries on the specialized legislation protection to dodo,these specialized legislation has carried on the very good link with the general legislation.The third part mainly clarify the main elements of South Korea’s legislation on Dokdo,the Basic Plan for the Sustainable Use of Dokdo,established in accordance with article 3 of the Law on the Sustainable Use of Dokdo,which defines every five years the mechanism for the management of Dokdo,the clear division of labour between departments,the process for the sustainable use of the deliberations of the Committee and the detailed sub-area advancement plan;the establishment of a dedicated database and research institute to provide data support for the long-term integrated management;in addition,the legislation establishes a specially dedicated investigator on the island and an honorary investigator for the specific island;and in ecological protection,the zoning of the Dokdo ecological legislation is provided for the restoration of the original status,commitment,and commitment Criminal liability,etc.The fourth part analyzes the current situation of the disputed islands facing our country,and compares it with the dispute over the island.The only island dispute and the Diaoyu Islands dispute between China and Japan are rooted in historical problems,similar in nature,but different in the present situation.Therefore,South Korea’s measures to protect the islands,such as Nansha Islands and Diaoyu Islands,provide great reference value for improving the measures to protect the disputed islands.The second strategy is to regularly develop sustainable use planning for the disputed islands,from pre-planning research,planning implementation,to planning review and evaluation of the detailed standard process,at the same time,the third is to draw on legislation on the ecology of the islands,because the ecology of the islands is very fragile,ecological sensitive compared with other sea areas,and has a very high strategic and economic value for the disputed islands,the legislation on ecological protection can play a special protection role.
Keywords/Search Tags:Dokdo disputed islands, legislation style, Diaoyu Island, the Nansha Islands
PDF Full Text Request
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