Dissertations / Theses on the topic 'Sovereign dispute'

This dissertation fills a gap in the literature created by the focus of conventional International Relations approaches on the escalation and de-escalation of conflict in territorial disputes. Japan's territorial disputes, while prone to controversy and flare-ups, have not witnessed any militarised conflict in their recent histories. By shifting the focus from conflict to sovereignty the dissertation allows an examination of what does take place in Japan's territorial disputes, and provides an understanding of Japan's approach to its territorial disputes and how this approach varies across time as well as across each individual dispute. The dissertation takes a constructivist approach to the relationship between international politics and international law, constructing a conceptual framework – the sovereignty game – which is adapted to the study of Japan's territorial disputes. Simply put, in contemporary international relations, states rarely use force to conquer territory. Rather, they play the sovereignty game, in which they attempt to gain or maintain sovereignty over a disputed territory by (a) successfully undertaking exercises of sovereignty over the disputed territory, and preventing other states in the dispute from engaging in exercises of sovereignty over that territory; and (b) by gaining international recognition of sovereignty over the disputed territory. States seek to exercise sovereignty by utilising their resources (capital), and the extent to which they employ this capital is determined by the relative value of the territory in question. The dissertation applies this sovereignty game approach to each of Japan's three territorial disputes, the Liancourt Rocks dispute with South Korea, the Pinnacle Islands dispute with China and Taiwan, and the Northern Territories dispute with Russia, examining the dynamics of the sovereignty game in the post-Cold War period. The dissertation finds that, due to the different relative values of the territorial disputes, Japan's approach varies: it has taken a formal, legalistic approach to the Liancourt Rocks and Pinnacle Islands dispute – at least until the mid-2000s – using sovereignty only to preserve its existing position in the disputes. However, its approach to sovereignty in the Northern Territories dispute has been characterised by a sense of moral justice, thus it seeks to prevent all Russian exercises of sovereignty while constantly attempting to push its own. .

In the current investment climate, most investor-state disputes are settled through investment arbitration. Investor-state arbitration enables the foreign investor to bring a case before a neutral forum, whose decision is binding and enforceable in countries across the world. In instances where the dispute is governed by an arbitration clause, the clause places the disputing parties under the jurisdiction of an arbitral tribunal. In the event of achieving a victory, the investor may nonetheless come up against the obstacle of state sovereignty, even though the state party has ostensibly waived sovereign immunity from jurisdiction. If a state rejects to comply with an award, then investors must commence a worldwide search (forum-shopping), with a view to retrieving the assets that have been awarded. In instances where the state party is victorious, there is a danger that the award payment will not be made if the foreign investor has already declared bankruptcy. Although there are two Conventions (ICSID and the New York Convention) that facilitate the enforcement of arbitral awards, neither one is sufficient to preclude the emergence of the enforcement issue. In both instances, this issue is damaging as it wastes time and money, ultimately contributing to wider inefficiencies and uncertainties in investor-state arbitration. In addressing themselves to this problem and aspiring to the reduction of the obstacle of sovereign immunity from execution, scholars and practitioners have put forward two practical solutions; firstly, a hybrid sovereignty act has been proposed; secondly, it has been suggested that the World Bank could take punitive action, refusing to provide the state party with further loans until the award is resolved. However, these proposals have, to date, not been practically applied or developed. This thesis has two primary objectives: firstly, it attempts to analyse previous solutions that have been addressed to the enforcement issue of ICSID awards: secondly, it addresses itself to two alternatives: 1) that the ICSID Administrative council can review compliance with awards; 2) that countermeasures can be initiated against the failing state under the law of state responsibility (the ILC Articles on State Responsibility). In concluding, the thesis will consider the various advantages and disadvantages associated with each of the aforementioned solutions, ultimately proposing an approach that is best-suited to upholding the interest of the victorious party at the enforcement stage.

As an emerging geopolitical hotspot, will the future of the Arctic be dominated by conflict or cooperation among states? With the potential for vast natural resources and the promise of transpolar shipping, the opening Arctic may be the new frontier for global competition. This thesis uses two theories of international relations, neorealism and neoliberal institutionalism, to evaluate the geopolitical landscape of an opening Arctic. This thesis argues that the characterization of the Arctic as a zone of either competition or cooperation is overly simplistic. While structural neorealist theory can accurately account for some of the Arctic countries' behavior, it is unable to explain forms of cooperation existing and emerging among them. In addition to laying out the overall state of cooperation and conflict among the Arctic countries, this thesis also examines two cases in detail: conflicts between Russia and Norway over the Barents Sea, and the United States and Canada over the Northwest Passage. Neorealism fails to account fully for the emergence of cooperation in the form of an equitable treaty on the maritime delimitation line between Russian and Norway. The international regimes were enablers of inter-state cooperation in the U.S.-Canadian case, and were a contributing factor in dispute settlement.

Seeds have become one of the most contested resources in our society. Control over seeds has intensified under neoliberalism, and today four large multinational corporations control approximately 70 percent of the global seed market. In response to this concentration of corporate power, an international social movement has emerged around the concept of seed sovereignty, which reclaims seeds and biodiversity as commons and public goods. This study examines the relationship between the global dynamics of commodification and enclosure of seeds, and the seed sovereignty countermovement for decommodification. I approach this analysis through an ethnographic case study of one local seed sovereignty movement, in the indigenous central region of Chiapas, in southern Mexico. I spent eight months between 2015 and 2016 conducting field research and documenting the development of the Guardians of Mother Earth and Seeds project, a local initiative focused on seed and food sovereignty that was initiated in 2015 by DESMI, the most established NGO working in this region. It encompasses 25 peasant communities--22 indigenous and 3 mestizo--from the Los Altos, Norte-Tulijá, and Los Llanos regions of Chiapas. I also collected data from 31 other communities in the region involved to varying degrees with this agenda of seed and food sovereignty. This study incorporates both communities affiliated with the Zapatista Army of National Liberation (EZLN) and non-Zapatista communities. Three research questions guide this dissertation: (1) How do the increasing industrialization and commodification of seed systems and agriculture affect peasant communities in Chiapas?; (2) How is the local seed and food sovereignty countermovement responding to those processes of commodification?; and (3) How does this case study contribute to understanding the relationship between capital's tendency to enclose the commons and the protective countermovements that attempt to resist such market encroachments? This study found that the development of industrial agriculture and the commodification of seeds at the global and national scales have implied neither the displacement of these communities' native seeds by commercial seeds, nor their privatization--two of the most frequent potential risks denounced by representatives of the national and international seed sovereignty movement. Instead, the main impact of industrial agriculture and Green Revolution policies in the study region has been the chemicalization of peasant agriculture, with attendant negative impacts on the environment and human health. I also found that subsistence agriculture--the main mechanism through which native seeds are reproduced within communities--is undergoing a process of severe deterioration, which partially responds to the neoliberal dismantling of governmental institutions and programs supporting peasant agriculture. A key finding of this research is that the deterioration of subsistence agriculture is the main risk that the neoliberal restructuring of agriculture poses to native seeds. In response to these developments, communities in this study have embraced a project of decommodification focused on enhancing and expanding their subsistence agriculture. This project encompasses agroecology, food production collectives, and initiatives for agro-biodiversity conservation and ecological restoration. I argue that this project contributes to the decommodification of subsistence agriculture in the region, primarily by strengthening the non-commodified structures that are essential for these communities social reproduction.

In the first chapter, I develop a tractable model to study the optimal debt maturity structure and fiscal policy in an environment with incomplete markets, lack of commitment, and opportunity to default by the government. The default on public debt is endogenous and the real interest rate reflects the default risk and the marginal rate of substitution between present and future consumption. I show that the maturity is used to resolve the time-consistency problem: The present government can incentivize future governments to stick to an ex ante optimal sequence of fiscal policies and interest rates. In the second chapter, I show that if both risk-free interest rates and risk premiums can be manipulated, the optimal maturity structure tends to have a decaying profile: The government issues debt at all maturity dates, but the distribution of payments over time is skewed toward the short-term end. Debt maturity data across countries are consistent with model predictions. In the last chapter, I study the sovereign debt maturity structure of a small-open economy in a model with stochastic interest rates and opportunity to default by the government. If default premiums are perfectly foreseen, the optimal debt policy is to issue only one-period debt. Short-term debt disciplines the future governments not to over borrow compared to ex ante optimal allocations because, otherwise, the sovereign has an incentive to dilute the value of long-term debt ex post. If default premiums are stochastic but locally independent of level of debt, sovereign issues consol bonds or maturity is flat. Flat maturity hedges the government against unpredictable swings in interest rates and smooths consumption over states of the world. If default premiums are stochastic (so that maturity can be used as a hedging against changes in interest rates) and continuously increasing in outstanding debt (so that sovereign has an incentive to use short-term debt to minimize dilution of long-term debt in the future), the optimal maturity is mostly short-term debt as minimizing costs associated with lack of commitment is quantitatively more important compared to minimizing costs associated with lack of insurance.

Foreign currency sovereign bond spreads tend to be higher than historical sovereign credit losses, and cross-country spread correlations are larger than their macro-economic counterparts. Foreign currency sovereign debt exhibits positive and time-varying risk premia, and standard linear asset pricing models using US-based factors cannot be rejected. The term structure of sovereign credit spreads is upward sloping, and inverts when either (a) the country's fundamentals are bad or (b) measures of US equity or credit market stress are high. I develop a quantitative and tractable continuous-time model of endogenous sovereign default in order to account for these stylized facts. My framework leads to semi-closed form expressions for certain key macro-economic and asset pricing moments of interest, helping disentangle which of the model features influences credit spreads, expected returns and cross-country correlations. Standard pricing kernels used to explain properties of US equity returns can be nested into my quantitative framework in order to test the hypothesis that US-based bond investors are marginal in sovereign debt markets. I show how to leverage my model to study the early 1980's Latin American debt crisis, during which high short term US interest rates and floating rate dollar-denominated debt led to a wave of sovereign defaults.

The aim of the thesis is to study the circumstances which influenced the policy of the British Government towards the decolonization of the Falklands from 1945 to 1989. A comprehensive approach to the subject enabled an examination of the inter-relationship between the various forces which defined the nature of the dilemma. The themes included economic development, the form of landownership in the Colony, Falkland politics, the strategic value of the Islands, Anglo- Argentine trade and the Antarctic dimension. The thesis presents an original interpretation of how volatile and unpredictable pressures defined the dispute. A pattern emerges which shows that Government policy consisted of responses to different situations. The structure is based on a chronological approach which concentrates on the seven major turning-points in the dispute and how they were perceived in Britain and the Falklands. It also includes three original case studies. First, there is a socio- economic study of the peculiar approach to the colonization of the Falklands in the nineteenth century which provides a background to later developments. Secondly, the 1982 Conflict shows how the problems of the last British colonial territories can be in inverse proportion to their size. Thirdly, the examination of the Falkland Lobby gives a detailed account of how a successful British pressure group is organized. The primary sources used were Foreign and Colonial Office files at the Public Records Office (Kew) for the period up to the 1950s, and the archives of the Falkland Islands Association for the period from the mid-1960s. These were supplemented by private papers, the records of the Falkland Islands Company in London, interviews with prominent people, contemporary newspapers, official documents and secondary sources.

Thesis (Ph. D.)--Discipline of Government and International Relations, Faculty of Economics and Business, University of Sydney, 2007.
Title from title screen (viewed 16th July, 2007). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Discipline of Government and International Relations, Faculty of Economics and Business, University of Sydney. Degree awarded 2007; thesis submitted 2006. Includes bibliographical references. Also issued in print.

La sobirania alimentària (SA) va ser reconeguda com a objectiu estratègic en la Constitució del 2008, durant el govern de Rafael Correa. No obstant això, durant aquest govern, l’avanç del model capitalista en el tema agro i els processos d’acumulació de les elits econòmiques del sector es va expandir, amb una sèrie d’efectes negatius per a la SA del país. D’una banda, el moviment agroecològic va aconseguir expandir-se i multiplicar experiències agroecològiques a nivell nacional. La present tesi s’emmarca en un dels dilemes que envolta la sobirania alimentària: la coexistència de models oposats. Exploro els actors i les estratègies de poder vinculades a l’Estat, a nivell general i en el cas de la palmera d’oli, que han viabilitzat la seva expansió durant el govern progressista de Correa. D’altra banda, identifico i analitzo els actors i les estratègies de resistència que han permès ampliar l’agroecologia, a través del cas del Colectivo Agroecológico del Ecuador, i indago la possibilitat de contrahegemonia de l’agroecologia. Per a aquesta anàlisi, utilitzo el territori, definit des de la geografia crítica, com a unitat d’anàlisi, i l’emmarco en la disputa de territoris materials i immaterials. Des d’un marc foucaultià, argumento que, durant el govern de Correa, la creació del règim de veritat, viabilitzada per la relació poder-saber-discurs, hauria estat una estratègia d’èxit per a mantenir l’hegemonia dels grups econòmics del sector agroalimentari, territorialitzar-se i acumular. Això, a costa de la desterritorialització del model de la SA, a través de: disposar de terra i mà d’obra pagesa; promoure un model dependent d’agroquímics; aprofundir l’agroexportació, incrementant la dependència a les importacions; la producció de patrons de consum servils a aquesta expansió. En el cas de la palma, la desterritorialització de la pagesia ocorre per despossessió amb violència directa i indirecta, i per transformació de la pagesia. En aquest sector, s’exerceix un biopoder en determinar la salut i la mort de la població a través dels patrons de producció i consum. D’altra banda, sota un marc gramscià, proposo la noció de geometria de resistència per entendre el sentit relacional que té la producció del territori agroecològic, basat en la solidaritat, la col·laboració i els altres coneixements. Sostinc que el Colectivo Agroecológico del Ecuador (CAE) es constitueix en un subjecte polític que ha aconseguit processos de resistència i territorialització a través d’estratègies polític-espacials i la construcció de subjectes polítics a través de: i. el des-disciplinament de les ments, ii. l’auto-reconeixement i l’auto-valoració com a agents de transformació; iii. el sentit de pertinença d’un subjecte col·lectiu, i iv. la pràctica agroecològica en si mateixa. La territorialització de l’agroecologia fomenta una forma de bio-emancipació, en alliberar la soci-naturalesa de les pràctiques capitalistes. Per últim, argumento que la tendència conjuntural de l’articulació de les organitzacions indígenes i pageses, i un aprofundiment de la relació organitzacions-Estat basada en interessos partidaris\/sectaris ha estat fomentada al llarg de la història per diversos esdeveniments\/formes de revolució passiva. Aquestes serien causa del seu afebliment i desarticulació, sent el principal impediment per a la consolidació d’un bloc històric no conjuntural, i impossibilitant posicionar la sobirania alimentària i l’agroecologia com un model contra-hegemònic.
La soberanía alimentaria (SA) fue reconocida como objetivo estratégico en la Constitución del 2008, durante el gobierno de Rafael Correa, sin embargo, durante éste el avance del modelo capitalista en el agro y los procesos de acumulación de las élites económicas del sector, se expandió, con una serie de efectos negativos para la SA del país. Por otro lado, el movimiento agroecológico logró expandirse y multiplicar experiencias agroecológicas a nivel nacional. La presente tesis se enmarcada en uno de los dilemas que rodea a la soberanía alimentaria: la coexistencia de modelos opuestos. Exploro los actores y estrategias de poder vinculadas al Estado, a nivel general y en el caso de la palma aceitera, que han viabilizando su expansión durante el gobierno progresista de Correa. Por otro lado, identifico y analizo los actores y las estrategias de resistencia que han permitido ampliar la agroecología, a través del caso del Colectivo Agroecológico del Ecuador, e indago la posibilidad de contrahegemonía de la agroecología. Para este análisis utilizo al territorio, definido desde la geografía crítica, como unidad de análisis, y lo enmarco en la disputa de territorios materiales e inmateriales. Desde un marco Foucaultiano, argumento que durante el gobierno de Correa la creación del régimen de verdad, viabilizada por la relación poder-saber-discurso, habría sido una exitosa estrategia para mantener la hegemonía de los grupos económicos del sector agroalimentario, territorializarse y acumular. Esto, a costa de la destrerritorialización del modelo de la SA, a través de: disponer tierra y mano de obra campesina; promover un modelo dependiente de agroquímicos; profundizar la agroexportación, incrementando la dependencia a las importaciones; la producción de patrones de consumo serviles a está expansión. En el caso de la palma, la desterritorialización del campesinado ocurre por desposesión con violencia directa e indirecta y por transformación del campesinado. En este sector se ejerce un biopoder al determinar la salud y muerte de la población a través de los patrones de producción y consumo. Por otro lado, bajo un marco Gramsciano, propongo la noción de geometría de resistencia para entender el sentido relacional que tiene la producción del territorio agroecológico, basado en la solidaridad, la colaboración, y los otros conocimientos. Sostengo que el Colectivo Agroecológico del Ecuador (CAE) se constituye en un sujeto político que ha logrado procesos de resistencia y territorialización a través de estrategias político-espaciales y la construcción de sujetos políticos a través de: i. el des-disciplinamiento de las mentes, ii. el auto-reconocimiento y auto-valoración como agentes de transformación; iii. el sentido de pertenencia de un sujeto colectivo; y iv. la práctica agroecológica en sí. La territorialización de la agroecología fomenta una forma de bio-emancipación, al liberar a la socio-naturaleza de las prácticas capitalistas. Por último, argumento que la tendencia coyuntural de la articulación de las organizaciones indígenas y campesinas, y una profundización de la relación organizaciones-Estado basada en intereses partidarios\/sectarios, ha sido fomentada a lo largo de la historia por varios eventos\/formas de revolución pasiva. Estas serían causa de su debilitamiento y desarticulación, siendo el principal impedimento para la consolidación de un bloque histórico no coyuntural, e imposibilitando posicionar a la soberanía alimentaria y a la agroecología como un modelo contra-hegemónico.
Food sovereignty (FS) was recognized within the 2008 Ecuadorian Constitution, under the presidency of Rafael Correa, as a strategic objective. However, during this period both the agroindustrial sector as well as accumulation of the economic elite sectors under a capitalist model expanded, resulting in a series of negative effects in relation to FS nationally. On the other hand, the agroecological movement also managed to expand and increase its experiences at a national level. This thesis is centred on one of the dilemmas surrounding food sovereignty: the coexistence of opposing models. I explore actors and strategies of power, linked to the State in general and specifically in relation to the case of palm oil which saw a boom during the self-proclaimed progressive government of Correa. On the other hand, I identify and analyse both actors and strategies of resistance that have enabled the agroecological movement to expand, through the specific case of the Colectivo Agroecol\u00F3gico del Ecuador. I explore the possibility of agroecology counterhegemony. For this analysis I use territory, defined within critical geography , as unit analysis, and frame this in relation to a material and immaterial territorial dispute. From a Foucauldian perspective, I develop the argument that under the government of Correa the creation of a regime of truth, made viable through the power-knowledge-discourse relationship was a successful strategy in order for the food industry economic groups to maintain their hegemonic power, further territorializing and accumulating. This was conducted by the deterritorialization of the FS model, via: making land and cheap labour available; promoting agrochemical dependency; entrenching agroexports, increasing dependency on imports; and consumption patterns functional to this expansion. In the case of palm oil, peasant deterritorialization occurs via dispossession by direct and indirect violence, and peasant transformation. In this sector a biopower is imposed determining the health and death of the population via patterns of production and consumption. On the other hand, under a Gramscian perspective, I propose the notion of ‘resistance geometry’, to understand the relational sense of the production of agroecological territory, based on solidarity, collaboration and the use of other forms of knowledge. I argue that the Colectivo Agroecol\u00F3gico del Ecuador (CAE) constitutes itself as a political subject that has achieved processes of resistance and territorialisation through diverse spacial-political strategies. Additionally, the action repertories of CAE, promotes the production of political subjects via the following: i undisciplining minds, ii. self-recognition and re-valuing as agents of transformation; iii. sense of belonging as a collective subject; and iv. agroecological practice in itself. The territorialisation of agroecology promotes a bio-emancipation process by socio-nature liberation from capitalist practices. Finally, I argue that the tendency of political conjuncture articulating indigenous and peasant organizations as well as the deepening of State-social organization relationships based on sectorial\/party political interests, has been promoted throughout history by various events\/forms of passive revolution. This would be the main reasons for the weakening and disarticulation of the organizational process of social organizations, impeding the consolidation of a non-political conjunctural historical power in order to position food sovereignty and agroecology as a counterhegemonic model.

There are four schools of thought as to who has legal sovereignty over Jerusalem, and this is one of the primary reasons why there has been no resolution to the problem. The first is that there was a vacuum of sovereignty in the wake of British withdrawal, which was filled by Israel after the first Arab-Israeli War and again as a need for self-defense after the 1967 War, the second is the idea that the Palestinians have always held legal sovereignty over Jerusalem and continue to do so today, the third thought is that Jordan still has a legal right to the eastern section of Jerusalem due to the outcome of the first Arab-Israeli War, and the fourth is that the United Nations has legal sovereignty due to the mandate that was created by the League of Nations at the conclusion of the First World War. These four claims form the basis behind the legal argument over Jerusalem and are discussed in this thesis in order to determine legal sovereignty over the city and provide the background information necessary to proceed toward a peaceful resolution. In the conclusion of this thesis, I point out that both Israel and the Palestinians have legal sovereignty of Jerusalem and therefore, joint control of the city should be pursued in the form of a type of condominium.

This research project examines the tactics used by Ibn Sa’ud and the officials of the early Saudi State during the years 1922 to 1932—when it existed as the Kingdom of Najd and eventually the Hijaz—to project sovereignty through institutions like the passport, operation of consuls abroad, and claiming various populations as subjects. Ultimately, this project finds that these actions were significant contributors to the formation of Saudi Arabia and establishment of Saudi sovereignty. It adds another explanatory dimension, one not often explored, for understanding the history of the Saudi Kingdom. Moreover, the project shows that the assertiveness of Najdi officials to operate in the name of a sovereign nation forced the British to more clearly articulate their own claims, dispensing with their preferred state of ambiguity, and sometimes causing local officials to establish official British policy on the spot. This combination of British and Najdi action (and reaction) contributed significantly to the overall form and shape of national borders, mobility of individuals, and designation of nationality across the Persian Gulf and in the world writ large. Ibn Sa’ud and his officials were not attempting to enter a game where the rules were already fully established. Rather, they were part of the fabric of individuals and forces that came to make sense of a newly forming international regime of nation-states, nationality, and greater controls on human mobility.

Tribal governments’ capacity to implement land use controls within their Nations is limited by the United States Constitution and federal law; however, tribal governments have inherent sovereignty to protect, guide, and govern the lands under their jurisdiction to protect and enhance the safety, health, and welfare of their members.

The aim of this thesis was to investigate and identify (1) the extent to which tribal Nations have sovereignty over their lands and authority to regulate land use within their jurisdiction and (2) the present status and extent to which Native American tribal governments use their sovereignty over land use development concerning oil and natural gas development within their jurisdiction.

The study was qualitative in nature and focused on a comprehensive archival review and a one-case case study. Constitutional law, federal Indian law, environmental law, and tribal law were considered. The thesis first examines the results of the archival review, which demonstrates that tribes, while limited by federal law, have sovereignty and authority to control land use within their territories.

The Three Affiliated Tribes of the Fort Berthold Reservation were also examined. The Tribes were chosen based on location, level of oil and natural gas production, and accessibility of information. The most current information available was used for the study. The data for the study was obtained from the Internet. The research suggests that tribes are implementing land use controls and participating in land use and comprehensive planning; however, they are not doing so to the extent of their sovereignty.

This study demonstrates that tribal governments do indeed have authority over their lands and resources and cannot fully take advantage of their sovereignty without practicing self-governance over their natural, built, and human environments. Questions remain regarding the reasons that tribal governments are not implementing land use controls and engaging in land use planning to the extent of their sovereignty. Further research is needed to understand the reasons that tribal organizations are not taking full advantage of the existing sovereignty of their lands and resources.

This thesis explores the American Civil War in Indian Territory, focusing on how clashing visions of sovereignty within the Five Tribes—Cherokee, Chickasaw, Choctaw, Creek, and Seminole—led to the one the most violent and relatively unknown chapters of the Civil War. Particular attention is paid to the first two years of the war, highlighting why the Five Tribes allied with Confederacy, and why those alliances failed over time. Chapter One examines Indian Territory as a borderland, unveiling how various actors within that borderland, including missionaries, Indian agents, white neighbors in Arkansas and Texas, and Indians themselves shaped Native American decision-making and convinced acculturated tribal elites to forge alliances with the Confederacy. These alliances, however, did not represent the sentiments of many traditionalist Indians, and anti-Confederate Creeks, Seminoles, and African-Americans gathered under the leadership of dissident Creek chief Opothleyahola. Cultural divisions within the Five Tribes, and differing visions of sovereignty in the future, threatened to undermine Indian-Confederate alliances. Chapter Two investigates the Confederacy’s 1861 winter campaign designed to quell Opothleyahola’s resistance to Confederate authority. This campaign targeted enemy soldiers and civilians alike, and following a series of three engagements Opothleyahola’s forces were decisively defeated in December. During this campaign, however, schisms with the Confederate Cherokees became apparent. In the weeks that followed, Confederate forces pursued the men, women, and children of Opothelyahola’s party as they fled north across the frozen landscape for the relative safety of Kansas. The military campaign waged in 1861, and the untold suffering heaped upon thousands of civilians that winter, exposes how a hard, violent war rapidly emerged within the Confederate borderland, complicating historians’ depiction of a war that instead grew hard over time.

Chapter Three documents the return of Federal forces to the borderland via the First Indian Expedition of 1862. Although the expedition was a military failure, the sudden presence of Union forces in the region permanently split the Cherokee tribe into warring factions. The Cherokee, Creek, and Seminole tribes spent the next three years fighting their own intra-tribal civil wars. Moreover, the appearance and retreat of Federal forces from Indian Territory created a geopolitical vacuum, which would be filled by guerrilla violence and banditry. The failure of either Confederate or Union forces to permanently secure Indian Territory left Indian homelands ripe for violence and lawlessness. The thesis concludes by evaluating the cost of the conflict. One-third of the Cherokee Nation perished during the war; nearly one-quarter of the Creek population died in the conflict. By war’s end, two-thirds of Indian Territory’s 1860 population had become refugees. Urged to war by outsiders and riven with their own intra-tribal strife, Native Americans of the Five Tribes suffered immensely during the Civil War, victims of one of the most violent, lethal, and unknown chapters in American history.

A century ago, foreign governments and their actions were essentially beyond U.S. judicial reach. In the 1950s, however, U.S. courts began to govern more and more activities of foreign governments leading to a transformation in the modality of U.S. power directed abroad. Legal historians describe this as a transition from an “absolute” to a “restrictive” practice of sovereign immunity, and one dominant narrative explains the transition as a pragmatic move away from an obsolete model of “territorial sovereignty” to a more flexible, “de-territorialized” or even “de-spatialized” sovereignty better suited for a globalized economy. Through tracing key U.S. legal changes involving foreign sovereign governments from 1898 to 2014, with a focus on sovereign debt law, I argue that transnational sovereign economic activity in fact remains dependent as ever on national borders — albeit borders that are continually reconfigured through minute changes in U.S. common law.

Far from representing a homogeneous de-territorialization of the contemporary international legal order, I show that there has been an uneven re-territorialization that reduces the authority of most countries over their own economic decisions while expanding the judicial reach of a few — primarily the United States — and that New York state law has been especially important in this process. This has resulted not in a general restriction of state sovereignty in the face of “globalization,” but in a differential displacement of economic sovereignty from post-colonial, poor and indebted states to rich, industrialized ones. The legal structures developed since the 1960s have aimed at entrenching and extending U.S. dominance over the global capitalist order and presently function to perpetuate exploitative relations between sovereign debtors and private creditors.

U.S. judicial power has been a crucial and largely overlooked pillar of post-war U.S hegemony. I show how judicial transformations of the past half-century have occurred in relation to changing economic conditions, including threats to U.S. property posed by Third World nationalizations in the 1950s to the 1970s, rising indebtedness since the 1970s, and an ongoing overaccumulation crisis. The expansion of U.S. judicial power has simultaneously been driven at every step by U.S. geopolitical interests, including, importantly, the desire to contain Communism and maintain the colonial status quo in the context of the Cold War, widespread de-colonization and Third Worldist movements, and the reconstruction of U.S. dollar hegemony in the 1980s.

I argue that the expansion of U.S. judicial power in the past half-century should be understood as territorial insofar as it has defined the space over which the state (in the form of courts) may exercise authority. Through a critical analysis of this legal history I show how the reconceptualization of key legal dichotomies — most importantly, foreign/domestic, public/private, and political/legal — has been a fundamental spatial mechanism through which these legal territories are produced and contested. Since the 1960s, U.S. — especially New York — courts have increasingly reclassified foreign sovereign transnational activities as “private” (rather than “public” or “sovereign”) and therefore as properly within the scope of U.S. judicial (“legal”) rather than executive (“political”) authority. Foreign sovereign activities have also increasingly been reclassified from “foreign” (meaning outside the United States) to “domestic” (meaning inside the United States). Together, these interlinked changes have been used to bring activity that would previously have been considered beyond the authority of U.S. courts within U.S. judicial reach. This has expanded U.S. authority as a whole through the modality of judicial power, while simultaneously de-politicizing important social questions and removing them from even the possibility of democratic debate. (Abstract shortened by ProQuest.)

This dissertation examines the politics of knowledge in collaborative watershed governance institutions of the Klamath River Basin of Northern California and Southern Oregon. The waters of the Klamath are shared between farmers, fisherfolk, indigenous communities, hydro-electric facilities and one of the most biologically diverse eco-regions in the United States. Since 1986, the watershed has provided the primary spatial unit for resolving resource conflict by coordinating agency and citizen science, guiding integrated resource management and cultivating a shared sense of place and belonging among Klamath watershed inhabitants. For nearly three decades, the Klamath Basin has served as a laboratory for experiments in “watershed democracy”- a form of hydrologically-grounded political association that attempts to facilitate the direct participation of all watershed inhabitants in knowledge production, deliberation and collective action at the watershed scale. Through the idiom of watershed democracy, I connect empirical research on the outcomes of nearly three decades of community-based natural resource management in the Klamath with theoretical debates waged over the last century and a half regarding the question of scale in environmental science, democratic governance and natural resource management.

In this dissertation, I analyze the watershed as a scale of knowledge production, a site of democratic deliberation and a unit of environmental governance. I investigate whether the watershed is the most appropriate socio- spatial unit for representing people and place in the Klamath, paying particular attention to the impact of collaborative watershed governance arenas on the ability of Karuk Tribal members to participate in knowledge-production and decision- making for natural resource management in their ancestral territory in northern California.

Through participatory research with the Karuk Tribe’s Department of Natural Resources, participant observation, document analysis and interviews with Federal, State, Tribal and local agency scientists and representatives, I follow knowledge and policy-making processes across a diverse range of institutions engaged in Klamath watershed governance. Combining participatory research and participant observation with theoretical insights from political ecology, science and technology studies (STS) and indigenous studies scholarship, I evaluate the processes and outcomes of collaborative watershed-based governance according to its impacts on local watershed ecosystems and communities. Drawing on the theoretical framework of “co-production”, I analyze the mutually constitutive relations between watershed science, watershed governance institutions, the materialities of Klamath watershed-ecosystems and the distributions of resource benefits and burdens in Klamath communities. I follow Klamath experiments in watershed democracy negotiate the basic terms of political life such as property, territory, sovereignty and the public good, as well as the material conditions and flows of watershed resources and the patterns of access to, ownership in and distribution of these resources.

While the Klamath experiements in collaborative environmental governance at the watershed scale have opened up oppportunities for Karuk representatives to participate in knowledge production and decision-making, the watershed scale has itself constrained the focus of integrated resource management, limiting the kinds of knowledge that can pattern as reliable and the types of restoration and management projects that can issue from Klamath collaborative governance forums. I demonstrate how Karuk representatives have both leveraged and critiqued the watershed as a way of conceptualizing Klamath watershed-ecological processes and as a socio-spatial unit for approaching ecological restoration and cultural revitalization in their ancestral territory. Watershed science and watershed governance forums were sometimes leveraged by Karuk representatives to substantiate Karuk sovereignty and resource rights and at times rejected for not being able to convey distinct Karuk epistemologies, ontologies and cosmologies. I demonstrate how collaborative watershed management forums have struggled to render different types of indigenous, local and scientific knowledge commensurable and have instead provoked debates about how to produce knowledge about nature in ways that are appropriate for the local community and its ecosystems.

I draw attention to the cultural politics of scale to critique watershed-centric management and search for alternative ways of representing the multiple scales through which Klamath inhabitants understand and value nature. I compare watershed-based governance with two other emerging scales of democratic resource governance- firesheds and foodsheds- in their abilities to bring together diverse forms of environmental knowledge around multiple nested scales of social and ecological processes. Firesheds are emerging areas of community-based fire management patterned according to the way fire burns across the western Klamath landscape. Foodsheds are another emerging form of community-based resource governance taking shape in the Klamath around the spatial and temporal characteristics of food resources and their associated management practices in forest ecosystems. Comparing watersheds, firesheds and foodsheds opens up the question of scale in collaborative environmental governance by highlighting tensions among different ways of producing knowledge, managing resources and acting collectively at different bioregional scales in the Klamath.

Against watershed-centric approaches to ecological democracy, I argue for deliberative multi-scalar approaches to implementing collaborative environmental governance, cultural revitalization and watershed-ecosystem restoration in the Klamath. Multi-scalar perspectives can accommodate multiple ways of making knowledge while avoiding homogenizing diverse situated perspectives into a single way of seeing Klamath eco-cultural landscapes. I argue for “democratizing scale” in order to define an appropriate scalar framework for producing knowledge, representing human values and making decisions about the management of natural resources. Collaborative environmental governance requires an accompanying democratization of scale to accommodate the myriad ways of knowing nature and making a living in Klamath watershed-ecosystems. Scalar formations that are produced through deliberative democratic processes can provide more inclusive grounds than watersheds for democratic environmental governance and multispecies world-making.

Este trabalho analisa as relações entre a Presidência da República e a televisão entre 1950-1964. Trata da disputa entre “nacionalistas” e “entreguistas” nos governos: Eurico Dutra, Getúlio Vargas, Café Filho, Juscelino Kubitscheck, Jânio Quadros e João Goulart. Procura demarcar o confronto entre a Presidência e a televisão em relação aos rumos da vida política, econômica e social do Brasil. Mediante analise transdisciplinar sobre a soberania em disputa no período vale-se de recursos como analise histórica, das relações internacionais e da ciência política. Mostra a deliberada tentativa dos proprietários de estações de televisão em dirigir o país em seu modelo de desenvolvimento, nas relações internacionais e na exploração do petróleo. Para o estudo da relação entre a Presidência e a televisão, utilizam-se os conceitos de veto player, agendamento e substituição. O intervalo foi marcado pela consolidação da radiodifusão e pela disputa na televisão de diferentes modelos de negócios e serviços, materializados por Assis Chateaubriand, Mario Wallace Simonsen e Roberto Marinho. Descreve a influência da publicidade e parte da trajetória de figuras como Carlos Lacerda, Leonel Brizola e Nelson Rockefeller. O descontrole da TV culmina dramático desfecho do período em 1964.
This paper analyzes the relationship between the presidency and television between 1950-1964. This dispute between the "nationalist" and "submissive" in government: Eurico Dutra, Vargas, Café Filho, Juscelino Kubitschek, Jânio Quadros and João Goulart. Search demarcate the confrontation between the presidency and television in relation to the direction of political, economic and social development of Brazil. Through interdisciplinary analysis on the sovereignty dispute in the period relies on features such as historical analysis, international relations and political science. Shows a deliberate attempt by the owners of television stations in driving the country into its model of development, international relations and the exploitation of oil. To study the relationship between the Presidency and the television, using the concepts of veto player, and replacement schedule. The interval was marked by consolidation of radio and television by the fighting in different business models and services, materialized by Assis Chateaubriand, Mario Wallace Simonsen and Roberto Marinho. Describes the influence of advertising and part of the trajectory of figures such as Carlos Lacerda, Leonel Brizola and Nelson Rockefeller. The lack of TV drama culminates outcome of the period in 1964.

Sovereignty, a mechanism of power around which a state is organized, has emerged as a way to understand the twenty-first-century biopolitical moment. Thinkers including Michel Foucault, Michael Hardt, Antonio Negri, and Roberto Esposito find sovereignty essential to understanding modern regimes of bodily domination and control. These thinkers look back to early modern England as an originary moment when older theories of sovereign power became attached to emerging modern political systems. Despite the sophistication of these arguments, however, no recent biopolitical theory accounts for the situation of women in historical or current system of power, nor do they discuss the role gender has played in the development of sovereignty.

My project addresses this ideological and historical gap by examining how sovereignty was being discussed, challenged, and appropriated by literary figures from 1588-1688. In the years leading up to and spanning the Interregnum, sovereignty splintered and became available to formerly disenfranchised individuals, especially women writers. Such women not only appropriated and challenged traditional sovereignty in their texts, but also influenced contemporary and future understandings of power, politics, and gender. Each of my four chapters serves as a test cases of a woman writer engaging with and transforming sovereignty.

I first examine Elizabeth Cary’s closet drama The Tragedy of Mariam, Faire Queen of Jewry (1612); I then move on to Mary Wroth’s epic romance The Countess of Montgomery’s Urania, Part 1 (1621) and Part 2 (completed and circulated in manuscript 1629). In the third chapter, I examine Katherine Philips’ Poems, circulated in manuscript during the Interregnum, and published posthumously in 1667; my final chapter then moves to Margaret Cavendish’s utopian fiction and work of natural philosophy, The Blazing World. These women challenged traditional notions of body and power, offering their own new understandings of sovereign agency; they enable us to more fully the genealogical progression of sovereignty and to incorporate the category of gender into twenty-first century understandings of biopolitics.

The interplay between governmentality, biopolitics and the state manifests itself discursively and materially within the realm of sovereignty over territory and at the level of the population. This thesis is specifically concerned with the relational contexts of the People's Republic of China during the 'War on Terror.' Hence, this thesis engages how the state discursively produces what and how 'Uyghur' is relationally dependent on transforming notions of state sovereignty during the 'War on Terror.' Accordingly, the discursivity of 'Uyghur' allows for dialectic production by the state and the ontological rationalization of governmental practice that produces difference.

This thesis is concerned with the former disputes between Saudi Arabia and Yemen over title to the territories of ‘Asir, Jizan, Najran and the Rub’ Al-Khali Desert frontier. Although the disputes were settled by the 2000 Treaty of Jeddah, it was possible right until the conclusion of that agreement that one of the disputing states could have submitted the disputes to arbitration, in which case the legal claims made by each state would have been highly significant. The first phase of the analysis is to identify the nature of claims: were they title or boundary claims or a combination of the two? The analysis shows that the two states asserted claims of both a title and a boundary nature, although the focus of this thesis is primarily on the title claims. The second legal phase of the analysis will concentrate on claims related to the two treaties that were pertinent to the disputes: the 1914 Anglo-Turkish Convention and the 1934 Treaty of Taif. The first treaty arguably delimited a boundary line, the ‘Violet Line’, located in the Rub’ Al-Khali Desert. However, this purported delimitation was the subject of a series of claims and counter-claims between Saudi Arabia and Britain from 1934, until southern Yemen’s independence in 1967, which put into doubt the continuing validity of the delimitation. The second relevant treaty was the 1934 Treaty of Taif, concluded by Saudi Arabia and northern Yemen following a short war, the two states having failed to settle title claims to ‘Asir, Jizan and Najran through negotiations. Under the 1934 Treaty, Yemen renounced former title claims to these provinces. She also agreed with Saudi Arabia on a boundary line. However, from the mid-late 1970s, Yemen resumed its former title claims on various grounds, including the invalidity or termination of the 1934 Treaty. The third phase of the analysis considers various arguments based on title acquisition/loss modes recognised by international law, such as cession, conquest, and prescription. Finally, the settlement in the 2000 Treaty of Jeddah is examined.

Les titres et les statuts territoriaux occupent une place centrale en droit international en raison de la territorialité de cet ordre juridique. L’émergence des Etats du Moyen-Orient présente des spécificités historico-juridiques, qui sont en grande partie à l’origine des problèmes territoriaux actuels. En effet, dans la région étudiée, l’application des régimes de protectorat et de Mandat a eu une incidence considérable sur les titres territoriaux des Etats. Contrairement à la colonisation pure et simple, ces régimes territoriaux laissaient, en principe, subsister pour l’entité sous domination, une personnalité internationale distincte. Une telle situation intermédiaire a très souvent conduit à des interrogations sur les règles de droit international applicables. La présente étude envisage justement cette problématique : quels effets ont eu les régimes de protectorat et de Mandat sur l’établissement ou la modification des titres territoriaux ? L’objectif de l’étude est de contribuer à mettre en exerguel’origine des titres territoriaux au Moyen-Orient, pour mieux comprendre et analyser les problèmes territoriaux actuels dans la région
Territorial titles and statuses occupy a central place in international law because of the territoriality of this legal order. The emergence of the Middle East States presents historical and legal specificities which are largely the sources of current territorial problems. Indeed, in the region under study, the application of Protectorate and Mandate regimes had a significant impact on the States territorial titles. Under these territorial regimes, unlike outright colonization, a separate international personality remained, in principle, for the entity under domination. Such an intermediate situation has often led to questions about the applicable rules of international law. The study considers precisely this issue: what effects have had the regimes of Protectorate and Mandate on the establishment or modification of territorial titles? The objective of thestudy is to contribute to highlight the origin of territorial titles in the Middle East, in order to better understand and analyze the current territorial problems in the region

Etant membre de la communauté internationale, l'Etat ne peut pas être irresponsable pour ses actions. De même la spécificité principale de la responsabilité internationale est liée aux particularités du droit international et de ses sujets principaux- Etats souverains. La compréhension du mécanisme de la mise en œuvre de la responsabilité internationale des Etats et de son rapport avec la souveraineté montre la validité et l'efficacité du droit international. La réalisation de la responsabilité en tant que processus est examinée en thèse en tenant compte des différents critères : comme la réalisation des éléments de la responsabilité (application de mesures de contrainte), le processus de l'attribution de la responsabilité (le procès de l'attribution à l'Etat des faits des autres sujets du droit international) et la réalisation des phases de la responsabilité (les questions liées à la procédure judiciaire et à l'exécution des décisions internationales).La corrélation de ces deux notions est conçu en thèse sous deux aspects: à savoir, si l'Etat souverain peut en se couvrant sous la souveraineté tenter d'éviter la responsabilité et quels sont les mécanismes pour l'en empêcher et à contrario, comment la réalisation de la responsabilité peut toucher ou même violer la souveraineté des Etats.

碩士
國立臺灣大學
國家發展研究所
90
Abstract of Master’s Thesis Graduate student : LIU SHING-REN ALAN Name of thesis: Study on Dispute of Sovereign Right of Mainland China and ROC Instruction professor: Professor Ger Yung-Kuang Examination committee member: Professor Su Chih, Professor Lee Ming Classification of degree: MA Name of college: National Taiwan University Name of graduate school: Mainland China Section, Graduate Institute of National Development Academic year: 2002 Language attribute: Chinese Abstract: Research Motivation: 1. In the interaction between Mainland China and Taiwan, the dispute of sovereign right has been an issue in connection to the position and emotion of both parties. Since sovereign right is largely related to a state personality in the international community, and also an infrastructure of ruling right of a state, that sovereign right has been a fundamental issue without solution between Mainland China and Taiwan. The writer has been highly concerned about the future development of the relationship between Mainland China and Taiwan, it is hoped to, through the study of << Study on Dispute of Sovereign Right of Mainland China and ROC>>, find out a way out for the relationship between Mainland China and Taiwan, to facilitate both Mainland China and Taiwan to temporarily suspend the dispute of sovereign right, practically develop the connections between Mainland China and Taiwan, and find out the mutual intent and interest best conforming to the people of both Mainland China and Taiwan. If it cannot be made, it is also hoped to, through the study of the Thesis, to find out the consensus on the view of sovereign right between Mainland China and Taiwan, to facilitate the promotion of the connections between Mainland China and Taiwan. 2. The complex between Mainland China and Taiwan has been deeper and deeper, but the solution has been less and less. Therefore, the connection between Mainland China and Taiwan has been worse and worse under the situation of self interpretation without dialogue nor consensus, making the writer feel greatly worried, and therefore be motivated to carry out the Study. 3. The writer, during the graduate school period, has studied Communist China constitution and many related programs to sovereign right and the connection between Mainland China and Taiwan. Therefore, the study motivation is incurred, with an attempt to find out a feasible way in the connection between Mainland China and Taiwan, and hence facilitating the connection between Mainland China and Taiwan to develop to a more healthy and positive development. Study Goal The study goal of the Thesis is to expect to find out a road with reference for the future development between Mainland China and Taiwan, facilitate the sovereign right dispute between Mainland China and Taiwan to attain a successful solution, enable the sovereign right development between Mainland China and Taiwan to be successful and peacefully find out an acceptable mode to the people of both Mainland China and Taiwan. Hence, peace, competition and cooperation under mutually good intent can be maintained between Mainland China and Taiwan along this path, to help both parties to address the future on the basis of mutual co-existence and joint prosperity. The study goal of the Thesis requires: 1. The understanding of definition of traditional sovereign right theory and modern sovereign right theory. 2. The understanding of various problems incurred out of sovereign right theory. 3. The understanding of how ROC interprets sovereign right, through different time points as a boundary, the angle of interpreting sovereign right also differs. 4. The understanding of how PROC interprets sovereign right. 5. Through individual interpretation of sovereign right of Mainland China and Taiwan, the Thesis hopes to find out a solution to solve the dispute of sovereign right between Mainland China and Taiwan. 6. In compliance with the future development trend of Mainland China and Taiwan, all possibilities of the future development in sovereign right between Mainland China and Taiwan are explored one by one. At last, the writer finds out the mode of solving sovereign right dispute, to facilitate the sovereign right between Mainland China and Taiwan to be able to be relieved. Study Method: Historical study method, literature analysis & study method. Study Approach: study approach of sovereign right theories Content of Study : There are 5 chapters of the Thesis, in total of about 170,000 characters. Chapter Content Chapter 1 Preface In the Chapter, the problem origin, study motivation, study objective, literature discussion & review, study method, study approach, study framework, scope of study, study restriction, and chapter arrangement are explained. Chapter 2 Development and Change of Sovereign Right Theory In the Chapter, preliminary introduction is made on sovereign right, state of sovereign right. In Section 1, significance, characteristics and historical development process of traditional sovereign right theory are introduced. In Section 2, significance, characteristics and historical development process of modernism are introduced. In the Section, modern sovereign right concept is interpreted from different phases; practice of ROC modern sovereign right concept in domestic aspect and foreign aspect is also described. In Section 3, various problems generated from sovereign right theory are described, including the connection between sovereign right and international laws, restriction in sovereign right, sovereign right and justification, terrorism in description of sovereign right and difficulty of practical operation of sovereign right. Chapter 3 Individual Sovereign Right Concept between Mainland China and Taiwan In Section 1 of the Chapter, the ROC sovereign right concept is introduced mainly, gradually studied from the reign period of the leading characters in transition of political reign of ROC one by one. It starts from the reign period of two Chiangs during the period of 1949─1988, through the reign period of Lee Teng-Huei during the period of 1988─2000, till the reign period of Chen Shuei-Pien of Democratic Progressive Party from 2000 up to time of the writer’s study . In which, concerning 12 years and 4 months of the reign period of President Lee Teng-Huei, the former term and latter term is divided by the writer with the event of Cornelle visit , to separately introduce the difference of sovereign right concepts of the former term and latter term for the reign period of Lee Teng-Huei. In Section 2, it is mainly to introduce the sovereign right concept of PROC, from the reign period of Mao Tze-Tung (1949─1979), through the reign period of Teng Hsiao-Ping, the 2nd generation of leadership (1979─1990), till the reign period of Chiang Tze-Min, the 3rd generation of leadership (1990 up to time of the writer’s study ). In which, the “liberation reign period” of Mao Tze-Tung (1949─1979) is further divided into comprehensively martial liberation toward Taiwan period (1949─1954), martial combat toward Taiwan period (1955─1966), diplomatic combat liberation toward Taiwan period (1967─1978). In Section 3, it is mainly to discuss the disputes of sovereign right concept between ROC and PROC, including the current complex of the connection between Mainland China and Taiwan, dispute of one China, positioning and recognition difference between Mainland China and Taiwan, and consensus & dispute points in sovereign right concept between Mainland China and Taiwan, etc. Chapter 4 Future Development of Sovereign Right Dispute between Mainland China and Taiwan In Section 1 of the Chapter, it mainly attempts to introduce the direction of future development between Mainland China and Taiwan. In Section 2, possibility of future development of sovereign right between Mainland China and Taiwan is discussed. The writer from unification till independence, concludes 13 kinds of possibility in total: the “2 ruling mechanisms in 1 state” proposed by Communist China, 2 administration mechanisms in 1 state, 2 districts in 1 state, 2 governments in 1 state, multi-system state, commonwealth of nations, common entity, union, republic, quasi international relationship, unification theory, special state-to-state relationship, and Taiwan independence mode. Chapter 5 Conclusions In Section 1 of the Chapter, it deals mainly with the study finding of the writer in studying the subject <>. In Section 2, the writer provides substantial recommendations on the subject. The writer recommends the practice of “2 districts in 1 state” mode concerning the future development between Mainland China and Taiwan. Meanwhile, the writer also provides constructive suggestions concerning the direction of effort for the connection between Mainland China and Taiwan in the future. VI. Reference Literature Key Words: Sovereign right, connection between Mainland China and Taiwan, sovereign right theory, one China, sovereign right of the people, 9 2 consensus, 2 ruling mechanisms in 1 state, 2 districts in 1 state, traditional sovereign right theory, modern sovereign right theory, special state-to-state relationship, Taiwan Future Resolution Paper

碩士
國立政治大學
國際研究英語碩士學位學程(IMPIS)
106
Literatures available discussing the SCS conflict and dispute circulates in the verge of state’s power, politics and international arena. In the context of the Philippines, most discussions focus on bilateral associations, negotiations and agreements. This can be considered as a traditional form of analysis in international relations and such is what this research aims to look beyond. This study presents the Filipino civic perspective in the South China Sea (SCS) through discovering the life experiences of the people within the area specifically the fishermen. It discusses how China’s arrival removed the peace and humanitarian culture in the Scarborough shoal and disturbed the fishing life quality of the people. By looking at the role and significance of the civic perspective and communities in the issue, it presents a more inclusive analysis of the SCS in international relations which offers the connection of foreign policy to every day politics which impacts the daily livelihood, income and resources of the people. Primarily using Brantly Womack’s theory of asymmetric relations, this study flows on the framework of asymmetric capabilities and attentions which creates a greater problem in the Philippine’s foreign policy and eventually formulate an effect in domestic politics and impacts the regular people such as the fishermen.

碩士
國立臺灣大學
法律學研究所
107
It is a commonly advanced view that disputes of territorial sovereignty are not subject to the compulsory dispute settlement regime under Part XV of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). However, in the recent 2015 Chagos Arbitration and 2016 South China Sea Arbitration, the question became the focus of both arbitral awards and has generated heated debate on whether issues of land sovereignty are subject to the subject-matter jurisdiction of Section 2 (compulsory procedures entailing binding decision) under Part XV of UNCLOS. Among the various arguments put forth in legal scholarship, few have referred and adhered rigorously to rules of treaty interpretation when interpreting relevant jurisdictional provisions of UNCLOS. A number of academic discussions focus on land sovereignty issues in the context of “mixed disputes,” which refers to either dispute exclusively concerning maritime delimitation and territorial sovereignty or disputes concerning both UNCLOS and non-UNCLOS issues, which are often exemplified by maritime delimitation disputes. However, land sovereignty disputes may raise preliminary questions of jurisdiction in both (pure) territorial sovereignty disputes and mixed disputes. The arguments put forth by Mauritius and the U.K. in the 2015 Chagos Arbitration are an indication of such distinction. The main task of the thesis is to determine whether and to what extent are territorial sovereignty disputes excluded from compulsory jurisdiction. It seeks to tackle the controversial issue at its root by conducting a construction of UNCLOS Article 288(1) in light of the rule of treaty interpretation under international law. The thesis then delves into how international courts and tribunals tackle disputes concerning land sovereignty. The thesis also analyses whether judicial decisions conform with the interpretation of Article 288(1) and its implications on cases involving land sovereignty brought under compulsory procedures in Section 2 of Part XV UNCLOS.

碩士
國立臺灣大學
法律學研究所
105
Among the arguments arose from sovereign wealth funds’ activities, this thesis chooses to focus on the reflection of the arbitrability of their investment disputes. After reviewing their very existence, we could easily discover that there are wide diversities on their definition, legal basis, purpose, management mode and transparency. By spontaneously following the Generally Accepted Principles and Practices (GAPP), also known as the Santiago Principles, some members of sovereign wealth fund community are ceaselessly trying to establish mutual confidence among them and host states, thus host states might gradually be willing to consider to lift their hostile regulations. Furthermore, through the observation of the transparency of sovereign wealth fund, it appears that GAPP might have a positive effect on the bigger picture. In Taiwan, the issue about should we embrace the concept of sovereign wealth fund or not, is always highly controversial. In July 2016, National Development Fund has established a NT100 billion Industrial Innovation and Transformation Fund. According to National Development Council press release, its goal is to stimulate private sector investments, promote innovation and transformation, create job opportunities, and reinvigorate Taiwan’s economy. Along with private sector investors, this fund will invest in merger and acquisition, spin-off, and business transformation plans. From its purpose and behavior pattern, this thesis believes this fund is quite similar to the mainstream understanding of sovereign wealth fund. Along with the national-level investment company which is about to be established, their investment activities shall be able to provide us with lots of research materials in the foreseeable future. After reviewing and analyzing relevant international conventions, legislations, opinions of courts and authoritative scholars, we may find that when it comes to the political and sovereign capacity of a state, public interest is the core concept of the legal grounds for contesting the arbitrability. Without prejudice to the development of international trade and arbitration system, legislator and court may have broad decision-making space. Owing to the diversity of the existence of sovereign wealth fund and the unsettled arguments over the arbitrability of public interest cases, this thesis argues that the issue about the arbitrability of sovereign wealth funds’ investment disputes shall not be determined through any single standard. Furthermore, in order to reach a full-scale conclusion, this thesis intends to propose a multivariate index with seven or six evaluation bases. Through flexibly applying this index, legislator and court may make a proper decision on when the arbitral tribunal will be able to meet the need for democratic legitimacy without losing the benefit of establishing this institution at the same time. Back to the current situation in Taiwan, owing to the society has a deep distrust of this institution, the author suggests that we should not allow the fund to have broader decision-making space as regards the arbitrability until the system is mature.

碩士
國立中山大學
海洋事務研究所
100
Abstract In 2010, a Chinese fishing vessel “Min Jin Yue No.5179” collided with Japanese patrol boats in Diaoyutai. The Japan Coast Guard arrested the captain of the Chinese vessel for the violation of Japanese “Fisheries Act”. China reiterated again and claimed that Diaoyutai fishing incidence is in Chinese territory. This incidence has resulted in the Diaoyutai sovereignty dispute on the international community. The Diaoyutai sovereignty dispute has been exist dated from 20th century into 21st.. The problem is that countries of dispute have their own national sovereignty claim. Japan claims that the Diaoyutai was included in the return area to Japan for the US-Japan Agreement to return Okinawa in 1971. By this, Japan starts harshly to prohibit both Taiwan and Chinese fishing boats into this area. This has resulted in many accidents occurring among Japan, China and Taiwan. The present study assesses and analyzes the conflicts of Diaoyutai waters associated with the attitude of China and Japan on dealing with the dispute, such as the diplomatic confrontation of China-Japan; the Japanese government quoted the wrongly legal custody of detained Chinese fishing boat captain; China postponed conference of cooperative exploitation “Chunxiao Oilfield” with Japan; suspended increased flights and expanding aviation rights etc., in addition to a series of implement of political and economic sanctions, these has triggering global concerns. China practiced rare earth embargo for Japan that had probably resulted in explosive potential global trade war. Therefore, the present study has also research into the international case studies of their ruling, as examples, on resolving the sovereignty dispute. As a result of inducing settled methods and models for the island’s sovereignty dispute, the present work has resulted in the deduction of ideas, suggestions and prospects to the problem of Diaoyutai especially the suspensive sovereignty and residual sovereignty issues.

碩士
國防大學政治作戰學院
政治研究所
102
The military is an extension of politics and its purpose is to ensure a nation’s core interests—national security and development—are safeguarded. Under this premise, most nations must take into consideration various psychological and material factors to achieve its strategic objectives. As a rising power expanding outwards, China has to increase her contact with major powers like America and Japan because of her political system, historical and geopolitical relations with others, which also raises the possibility of conflict with other nations. How to deal with the rising of China in the new century with her vast market, resources, closed authoritarian government and rapidly growing military powers has become the focus of both Asia and the rest of the world. Those willing to trade with China feel both hope and fear. As a saying goes, from one small clue one can see what is coming. The Diaoyutai sovereignty dispute has complex dimensions in history, geopolitics, international politics, and diplomatic interactions among the world’s major countries in their pursuit of power. This paper intends to explore China’s military logic—how she might act militarily in the face of territorial disputes, from the aspects of history, culture, geopolitics, and the development of military technology, based on Diaoyutai sovereignty dispute which is becoming the world’s hotspot once again.

碩士
國防大學
戰略研究所
99
Abstract The mainstream development trend of international security environment in 2010 is globalization and cooperation. Particularly, geopolitics and geoeconomics in North-East Asia has always been the focus issue in world affairs due to its complicated safety structure and cultural background in the past many years. Besides the nuclear weapon threat from North Korea, cross strait issue between Taiwan and China, fishery resource, sovereign rights and other historical issues are also potential peace and stability threats in North-East Asia. Furthermore, the complicated territorial problems between Russia and Japan regarding the “Northern Four Islands,” “The Senkaku Island” between South Korea and Japan, “The Diaoyu Islands” between Japan and China, and “the 38th parallel the boundary” between North and South Korea are yet to be solved. Thus, “history research” will be adopted in this study with “Military strategy research” hoping to understand the history behind the sovereignty dispute in North-East Asia, analyze comprehensively why this is not an easily solvable issue, and if there are some possible solutions to this dispute, hence, to provide some “win-win” or “mutually beneficial” suggestions to our government when they face “The Diaoyu Islands” and “South China Sea” sovereignty dispute with other countries. Finally, the military strategy impact and effect of the sovereignty dispute in North-East Asia on “Military Safety,“ “Geoeconomics” and ”Goepolitics” to the regional safety will be discussed from different levels and viewpoints, so some “National safety” and “National Defence” suggestions can be made to our government. Keywords: Northeast Asia, sovereign rights, Military Safety, goeconomics, goepolitics

博士
國立中山大學
中國與亞太區域研究所
104
China, since its rise, has adhered to an independent and peaceful foreign policy, and has been on good terms with other countries based on The Five Principles of Peaceful Coexistence. However, China gets involved in the territorial disputes in East Asia with its neighboring countries. The attitude of China and how China will solve these disputes is an issue worth further exploration. Therefore, what China will do if her foreign policy adopts the social constructive approach becomes the main topic of this dissertation. This dissertation analyzes the foreign policies and behaviors of a rising China, and explores whether its relevant policies are under the influence of Chinese historcial culture and identity. In the past few years, although China’s main influence in East Asia lies in economic field, it also tries to extend its influeces on other fields through its Soft Power. The purpose of this dissertation intends to understand the theory and behavioral model that China has adopted under the present international system, through the lens of social constructive approach to explore the current events and issues between China and East Asian countries.

博士
淡江大學
管理科學學系博士班
106
Cyber security has long been the focus of international competition, may it be in political and economic theft, military confrontation or domestic legal regulations. This paper aimed to look at cyber security competition between the United States and China and to analyse the sovereignty issues emerged from these various cases from an offensive realism perspective. The study found that due to the lack of geographical features in cyberspace, it could best epitomise the theoretical basis of offensive realism, that State strive to seek power in order to become a global hegemony. Wide cognitive differences among major powers regarding the governance of cyberspace and the existence of sovereignty, the lack of related legal norms and the inability to identify actual network actors led to constant frictions in the cyber security filed in the short-run. Threats towards national security and interests posed by internetisation had made cyberspace the target every government aimed to protect and secure, and thus resulted in conflicts over national sovereignty on the Internet in the international system. Despite doubts over the conditions for the establishment of sovereignty in the cyberspace, protections from cyber-attacks and limits imposed on information transfers could only be executed base on the existence of national sovereignty. To deal with emerging issues of Internet sovereignty in the cyberspace, and base on the spirit of flag state jurisdiction under UNCLOS, this paper proposed to institute a digital network certification system, which provide Internet user to authenticate his/her nationality through systematic practices, and in which the concept of logical frontier could be implemented, as a viable solution to settle future international conflicts in the cyberspace.

碩士
國防大學
戰略研究所
99
According to historical records, China held sovereignty over the South China Sea since Qin and Han dynasties, and nearby islands were explicitly included as part of the territory of China during the Qing Dynasty. Thus, the "historical discovery, occupation and multi-times of ruling” are commonly used rationale by China when claiming and stressing its current legal sovereignty over the South China Sea islands. As to the handling of the South China Sea sovereignty, China has gradually changed its strategy and ideology from “land occupancy first, sea later” to “land and sea equally important,” and eventually turned to “actively control land and see power.” The means China adopts to resolve this sovereignty dispute has also changed from "diplomatic declaration," "armed take-over" to "shelving disputes, joint development." Combining the “neighbor-friendly foreign policy” with the current strategy and means, China wishes to collaborate with neighboring nations to create not only its national prosperity, but also prosperity in this area, hence to solve the South China Sea sovereignty dispute naturally. Since the implementation of "reform and innovation" policy, Vietnam has broadened its political and diplomatic contacts with other nations. After its economic system was amended to a free market economy, Vietnam gradually became part of the global market. By joining ASEAN while keeping relations with powerful nations such as the United States, Japan, India, Russia and the European Union, Vietnam has complicated and internationalized the South China Sea sovereignty issue to protect its vested interest in this area. This study aims to investigate the possible solution of South China Sea sovereignty dispute between China and Vietnam, analyze future possible collaboration and sovereignty issues among “six countries and seven powers” by discussing some successful bilateral consultation models such as the Tokyo Bay model, the Indian-Australian Timor Gap agreement model, the British and the Argentina Falkland Islands off the Gulf of Siam adopted by international community in the past. Hopefully, the political, economic, and shipping collaboration would come before sovereignty dispute. If China can effectively control the cooperation among countries in the South China Sea regarding sovereignty issues, while its domestic economy matches or surpasses the United States in 2020, and the modernization of its military forces can compete with other free nations, the influence of the United States will retreat back to the 2nd island chain. In other words, the 1st island chain will become China’s internal waters, hence, change the strategic situation of the South China Sea region.

This dissertation investigates the causes, development, and the partial resolution of the Antarctic sovereignty dispute that took place between Britain, Argentina, and Chile between 1939 and 1959. It has two interconnected arguments. The first argument is that the dispute had its roots in a clash between British imperialism and South American nationalism, and, as a consequence, ought to be seen as part of the wider history of European decolonization in the years during and after the Second World War. The second argument is that the history of the sovereignty dispute offers an excellent opportunity for "doing environmental history" due to the relative simplicity of human-nature-culture interactions in Antarctica. By putting these two arguments together, it becomes possible to write an "environmental history of decolonization." Within the context of the sovereignty dispute, this dissertation asks the question: what happened to British imperial claims to "dominion over nature" during the decolonization of the British Empire in the mid-twentieth century? Over the course of the sovereignty dispute, Argentina and Chile sought to challenge Britain's claims to "environmental authority" in Antarctica with their own "environmental nationalism." Rather than conceding to the South American challenge, Britain initially responded by redoubling its efforts to maintain Antarctic sovereignty. However, as the three countries learned more about the reality of the Antarctic environment, their political perceptions of the region changed. The British, in particular, became less attached to exclusive sovereignty and successfully negotiated a limited international regime that would retain their political influence without the need for formal control. The Antarctic Treaty of 1959 brought a partial end to the sovereignty dispute by "freezing" all sovereignty claims for its duration.
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碩士
國立暨南國際大學
東南亞學系
103
Abstract The South China Sea issues, which are extremely complex international disputes, involve the struggle of islands sovereignty, resources interests, and the demarcation of waters. Countries involve including China, Taiwan, Vietnam, the Philippines, Malaysia, Brunei and Indonesia. In addition, the international forces led by the United States and Japan. The South China Sea is of great importance for its strategic geographical location and important world shipping channel. Apart from this, it‟s potentially abundant oil and minerals resources are coveted by surrounding countries and further triggered the disputes over the sovereignty. Another cause for the oceanic demarcation competition is the provisions of the 1982 UNCLOS, making the overlapping disputes in the South China Sea waters. China is a new rising power which considers the South China Sea, no matter in terms of history or legal theory, as part of China. Also for the reason of its requirement for national strategy and insistence of the sovereignty, China shows strong attempt to the sea and intervenes the war of South China Sea, arising the tensions. The South China Sea has long been viewed as one of the three flash points in east Asia. V In 2002, due to the extension of the rising Chinese forces to the south, the U.S.‟s has strengthened the " return to the Asia-Pacific" strategy, making claimant countries such as Vietnam and the Philippines tend to rely on the U.S to enhance the strength of defending sovereignty, and contend against China in the South China Sea. In 2012, the South China Sea was once assessed to be the 6th out of the 10 big risk areas on earth by British think-tank “Oxford Analytica” while China and the Philippines were confronting each other at Huangyan Island. Hence the development of the South China Sea situation has been highly concerned internationally. From the above, the sovereignty and claim of the waters between China and the Philippines should be paid special attention and be observed. This aim of the research is to discuss subjects below, based on the South China Sea area development situation: (1) Review and analyzation of the historical process of the conflict, with regard to the "disputed oceanic sovereignty between China and the Philippines". (2) Process and the current situation of legislation between China and the Philippines. (3) The purpose of the thesis is, by exploring and clarifying the subjects above, to more explicitly understand the strategic essential and content of the disputed oceanic sovereignty for the Philippines and other claimant countries. Key words: Huangyan Island, Chinese and Philippine relations, The Oceanic Sovereignty of South China Sea

碩士
國防大學
戰略研究所
102
Geostrategic value and abundant natural resources have made South China Sea a focal point for international competition. Claimants took unilateral actions without any consultation to compete sovereignty claim in this water area. They tried to rationalize their exploitation and control water areas with the respectively strong military capability. This situation has escalated self-motivated competitions between surrounding countries and triggered a more chaotic development in this region than before. This study focuses on current status of South China Sea and its dynamics under the international system, so as to further understanding of South China Sea sovereignty disputes and the Republic of China’s South China Sea strategy. By examining systemic structure, balance of power and power transition, this paper first reviews the origin of disputes; strategies and associated variables for claimants. Then, the study reviews a couple of cases from military and peaceful means. Finally, how stakeholders measure their advantageous strategic thinking for South China Sea sovereignty disputes under international political developments is comprehensively be answered in the research.

碩士
淡江大學
國際事務與戰略研究所碩士在職專班
107
Since 2013,China has continuously controlled land reclamation in the South China Sea, strengthened military construction, and completed civil and military aviation flight tests. Although the results of the July 2009 Hague International Permanent Court of Arbitration found that China violated Philippine sovereignty, but China would not back down and kept its stand. China military even continues to strengthen construction in the South China Sea including the installation of anti-ship and air to air missiles on 3 reefs. China seems to adopt a policy of softening for the ASEAN countries, trying to mend friendly relations with the countries around the South China Sea, but on the issue of principle, they still do not want to make concessions. China and Philippines also promoted the repair of the two countries after the outcome of the arbitration case was released, they even sign an agreement to jointly develop oil and gas in the South China Sea, but the Philippines still would not back down on the main issue in South China Sea. Although the United States is not a sovereign claimant of the South China Sea, it still advocates freedom of navigation in the South China Sea. The intention is to prevent coastal countries from over-marriage and challenge their maritime hegemony to ensure that their military could hold power around the world. China''s intensified construction on the South Island reef naturally caused US dissatisfaction in this case. China''s international moral image is still difficult for Southeast Asian countries to accept it as a regional leader, therefore South East Asia countries are hoping that the United States can maintain a certain strategic position and continue to carry out its mission of freedom of navigation to prevent China from achieving long-term and widespread summer in the South China Sea. However, as China’s diplomatic bargaining chips accumulate, the current situation in the region will face more Big challenge. In result, this article will explore the strategic background of the South China Sea dispute from the complicated issues of various countries, and help to understand how China formulates the South China Sea policy. Secondly, the Philippines will be separated to analyze the origin of the dispute between the Philippines and China in the South China Sea, and how to survive in the gap between the US and China. Finally, the discussion of influence between China and Philippines after the case of South China Sea arbitration

碩士
淡江大學
中國大陸研究所碩士在職專班
104
The South China Sea is a sensitive area which involves multi-national interests, and is a focus of the current international attention. The South China Sea is rich in fishery resources, petroleum and gas, and has a very high strategic importance. Due to the involvement of many disputing parties and countries outside the region, its situation becomes complex and changeable. As the surrounding countries such as China, the Philippines, Vietnam, Malaysia and Indonesia have each claimed sovereignty over some or all of the reefs of the South China Sea, there has been a long dispute over its sovereignty but yet a good solution. Facing the trouble stirred up in the South China Sea by the Philippines, Vietnam and other neighboring countries which are backed up by the United States, in the period from 2012 to 2013 China maintained a consistent position of "the sovereignty is mine, put aside disputes and jointly develop the area" in dealing with the South China Sea dispute, in 2014 it proposed "twin-track thinking" and "four respects", and in 2015 it presented its principles and position by proposing "five adherences", "three proposals" and "five proposals" to again express and iterate its attitude toward dealing with the South China Sea dispute, namely to properly resolve the dispute directly by the countries involved through negotiations and consultations, and jointly safeguard peace and stability in the South China Sea by China and the ASEAN countries. It also called on all parties to respect historical facts, international laws and regulations. This paper focuses on China and explores the background of its friction and clashes with the neighboring countries in the South China Sea, as well as the similarities and differences of their arguments in the period from April 2012 to December 2015. The paper also induces and analyzes whether the related clashes have made a impact on the basis of China’s claim of sovereignty over the South China Sea, and what strategic objectives and means China have employed in response in order to consolidate its sovereignty claim and national interests in the South China Sea, as well as whether the related measures will affect the regional security and stability of the South China Sea.

碩士
國立中正大學
戰略暨國際事務研究所
105
US-China relations are the most complex and important bilateral relations in the 21st century. The interaction between the two countries will determine the direction of the world, especially in the Asian region. With the rise of China's national strength in recent years, the balance of power in the west began to re-shuffle. This is not only a cause of concern in China's neighboring countries, but also caused the United States itself scruples, so that the United States have put forward the "return to Asia" and "Asian rebalancing" and other policy response, in order to enhance its presence in this region, and at the same time its position in this region. Recently, the South China Sea dispute renewed waves. The Sino-Vietnamese "Offshore Oil 981" incident in May 2014 not only triggered a number of collisions between the two ships, but also created the largest anti-Chinese action in Vietnam's history. Appearing to be an island sovereignty dispute between China and Vietnam , in fact the wrestling of power between China and the United States. In this event, nations embody in strengthening their respective military and economic strength, but also reflected in the cooperation with the neighboring countries of the region. In this case, Vietnam has become the US and Chinese strategic game of the fulcrum. On the other hand, China hopes to eliminate the involvement of the United States by developing friendly relations with Vietnam. But no matter how the two sides interact with Vietnam, they tend to take limited cooperation. In view of the conflict between China and the United States on the way of seeking power balance, author try to analyze the US factors in the 981 incident in the Sino-Vietnamese Sea in structural realism theory so as to clarify the differences between China, the United States and Vietnam in the South China Sea Position and role.

碩士
國立中正大學
戰略暨國際事務研究所
105
After the rise of China, the issue of sovereignty over the South China Sea is becoming increasingly important. In the parties to the South China Sea claims that there is a sovereign. Malaysia in the South China Sea sovereignty is different from other claiming countries strongly condemned China's dispute in the South China Sea, the relative to China to maintain a moderate and the United States also maintain a good strategy to seek the greatest interests in the South China Sea sovereignty dispute. Malaysia's position has always been neutral, due to political, economic and military relations with the international community politics, especially in the domestic political environment, Malaysia faces racial, rich and poor issues, but also affect the United States and China on the attitude of cooperation. Although Malaysia and China as early as May 31, 1974 established diplomatic relations, but the changes in the political environment throughout the impact of the entire South China Sea situation. The former Prime Minister Mahathir Mohamad's United States for the hypothetical enemy and the United States and the United States friendly, the reason is that Obama "return to the Asia-Pacific" may bring economic benefits and sovereignty on the South China Sea can be restricted on China, the Malaysian government has maintained Each of the two sides is balanced and neutral. China's "all the way" economic strategy, affecting the South China Sea countries have a greater compromise on China, the future of China and Malaysia will have more cooperation. China has more military exchanges with Malaysia after the South China Sea arbitration, and Malaysia is also a member of China's arms procurement. With the withdrawal of TTP in the United States, to take the "US priority" policy, whether the Malaysian South China Sea sovereignty will be closer to China or through the ASEAN and China to take more favorable negotiations, the future of the South China Sea sovereignty is still a large number of variables.

碩士
國立臺灣海洋大學
海洋事務與資源管理研究所
103
Diaoyutai Islands are 186 kilometers（102 Nautical mile）from the northeast of Keelung and the inherent territory and traditional fishing operations of Taiwan. Many resources were involved in Diaoyutai Islands dispute, such as sovereignty, seabed resources and fishing resources in surrounding countries, which include Taiwan, Japan and China.China proposed solution to the disputes are“shelving differences and seeking joint development”. While Japan proposed solution to more practical way, such as weaken territorial dispute with neighboring country and forswear their extent of territorial sea positively. Faced with China and Japan has been actively expanding sea rights, it is necessary that Taiwan advocate the right in East China Sea. After the United Nations Convention on the Law of the Sea (UNCLOS) came into force, the costal countries develop their marine resources, and the dispute came after. East China Sea have strategic importance and resources, become an dispute area which have concerns with security, economic and energy in Asia. This research is try to find development model between Taiwan, Japan and China to save the Diaoyutai Islands dispute. The suggestions in the end of research are fellow the fishery agreement, development strategies and literature review, and try to provide relative suggestions based on the findings in this research.

碩士
開南大學
人文社會學院公共管理碩士在職專班
105
Sovereignty disputes of South China Sea has been the focus of global attention, as the many countries involved, plus the area of the South China Sea is rich in resources, and the world's major shipping channels, huge economic interests make the disputes even more complicated. With the international situation, and the rapid increase in recent years Communist China's comprehensive national strength, the South China Sea sovereignty dispute from simple, gradually evolved into the competition among regional powers. Looking at the situation in the Asia-Pacific region, can be roughly divided into an American-led Asia-Pacific, countries mainly to the East of the ASEAN, and the Communist-led East Asia, and the South China Sea area has become the regional chauvinism collide, merge and compete for points. This study aims to explore the sovereignty of Taiwan being a sea Somali, in the face of today's complex treacherous South China Sea, as well as the United States and the Chinese Communists in the South China Sea contested relationship among each other, how to develop the best interests of the country and us-Taiwan relations between the two sides, by literature research means, from large amounts of data, sorting out the most favorable to Taiwan's international position, seek to best interests of the country. From European integration process, European since 1951 years de, and method two down Centennial campaign of hatred, Yu Paris signed "European coal Steel Community Treaty", but to through on coal and steel this two items stake war material of common plan, makes war by contain, and for European of integration created has a beginning, if sea dispute of States, also can each other shelved sovereignty, promoted common cooperation development, be solution sea dispute of prescription. Taiwan currently in international social among, to expand diplomatic development of space, on must face a reality, is current international social General accept of "a China" principles, so Taiwan only has maintained in "a China" of schema zhixia, in sea dispute in the, find balance Yu beauty, and in the Zhijian of positioning, and through in sea area and parties of bilateral relationship development, promoted sea resources common cooperation development, then promoted Taiwan can into East and the Asia-Pacific of regional integration, avoid edge of of crisis, As well as the pursuit of national interests.

碩士
國立臺灣海洋大學
海洋法律研究所
101
Abstract The dispute over sovereignty issue in South China Sea has existed for a long time. The countries involved in this dispute include Taiwan (The Republic of China), China (The People Republic of China), Philippines, Vietnam, Malaysia, Brunei and other countries. Each country has claimed the partial or whole ownership of the sovereignty over the islands and waters in this region. This paper aims to focus on the discussion over the major conflicts in this area and explore the impact from the conflicts then compare the relevant legislation and practice in each country about the sovereignty right for this area. It also highlights the historical documents, national policies about South China Sea and islands and rocks in South China Sea. The current conflict in South China Sea has exposed the dilemma of Taiwan's diplomatic and national security policies. Due to the lack of formal diplomatic relationship in this region, it is difficult for Taiwan to implement certain policies in this region. The dispute over this region not only affects the security and stability in Asia-Pacific, but also creates the concerns from the countries outside this region. This paper will cover the issues raised in the countries involved and the policies and stance from the United States and Japan over the sovereignty in South China Sea. South China Sea issue has since become an international matter. The countries in South China Sea concern the military and navy expansion from China and whose ignorance of Taiwan’s policies over this region. Whether Taiwan can gain the maximum political and economical benefits depends on Taiwan’s policies over this region. It is however difficult for the neighbouring countries in this region to start any formal dialogue with Taiwan after the cease of it’s "The Policy Guidelines for South China Sea " in 2005. The premise of settling any international disputes requires the official dialogue or negotiation among the governments involved, Taiwanese government is however not recognised as an official country by any government involved in this matter. The countries in this region therefore cannot initiate any official ‘government to government’ dialogue with Taiwan to resolve the legal dispute over the U-shaped line in South China Sea? Even the countries are willing to work with Taiwanese government and start a "government to government" dialogue, the Taiwanese government has long lacked the clear policies over this region thus caused the dispute. Therefore, it is believed that Taiwan should reinforce its ownership of sovereignty over this region and reinstate the policies that an official approval from Taiwan is required prior to any activities in the region. Taiwanese government should also proactively seek to understand the policies or activities in the region and soon to establish its policy of South China Sea. Doing so will reinforce Taiwan’s stance in the region and to secure its share of the abundant national resources in this region.

碩士
中央警察大學
公共安全研究所
107
Due to the rapid economic growth, the accumulation of wealth, and the ability to expand military weapons and exert influence on the outside world, the United States is deeply worried and fears that China’s rise threatens the hegemonic status of the United States. Therefore, US President Obama has proposed a rebalancing in the Asia-Pacific region. Strategy, he hope to reshape the glory of the United States in the past. In the face of the US threat policy, China has also put forward the corresponding way to defend its own rights, interests and promote a peaceful rise. This paper uses the South China Sea sovereignty disputes as a case study to gain an in-depth understanding of the impact of the Asia-Pacific rebalancing strategy on the disputes over the sovereignty of the South China Sea and the response of the relevant South China Sea parties. Through political, military, and economic levels, China has exerted its influence and gradually occupied many islands and reefs in the South China Sea. The US Asia-Pacific rebalancing strategy has been unable to effectively achieve its effectiveness as the US national power is declining and the interests of relevant countries are considered. In addition to showing that China's national strength is growing, the US's military superiority has gradually retreated from the first island chain to the second island chain. It also symbolizes that the United States' position in the world has gradually disappeared.

Thesis (Ph. D.)--University of Wisconsin--Madison, 1996.
Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 287-304).