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The PRC's Peacetime Military Activities in Taiwan's EEZ: A Question of Legality

The PRC's Peacetime Military Activities in Taiwan's EEZ: A Question of Legality 625 The PRC's Peacetime Military Activities in Taiwan's EEZ: A Question of Legality Yann-huei Song* Research Fellow, Institute of European and American Studies, Academia Sinica, Nankang, Taiwan, R.O.C. Taiwan's New EEZ Law In October 1979, Presidential Decree No. 5046 was promulgated, which expanded Taiwan's territorial sea limit from three nautical miles to 12 nautical miles, and established a 200-nautical mile Exclusive Economic Zone (EEZ).1 In July 1987, the government of the Republic of China (ROC)l decided to abolish Martial Law. As a result of that development, scholars and experts in Taiwan questioned the legal validity of Presidential Decree No. 5046, which had been promulgated during the Martial Law period. They argued that the Decree had become null and void.3 This view was taken by the ROC government, which accordingly drafted a "Working Plan for the Study and Drawing up the Baselines of the Territorial Sea, EEZ and Territorial Sea Laws" in May 1989. * Paper presented at the Peace Forum, Taiwan Security in the Year 2000: Retrospect and , Prospects, December 15, 2000, Taipei, Taiwan, R.O.C. I The EEZ is an area beyond and adjacent to the territorial sea that cannot extend more than 200 nautical miles measured http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

The PRC's Peacetime Military Activities in Taiwan's EEZ: A Question of Legality

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Publisher
Brill
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
DOI
10.1163/157180801X00252
Publisher site
See Article on Publisher Site

Abstract

625 The PRC's Peacetime Military Activities in Taiwan's EEZ: A Question of Legality Yann-huei Song* Research Fellow, Institute of European and American Studies, Academia Sinica, Nankang, Taiwan, R.O.C. Taiwan's New EEZ Law In October 1979, Presidential Decree No. 5046 was promulgated, which expanded Taiwan's territorial sea limit from three nautical miles to 12 nautical miles, and established a 200-nautical mile Exclusive Economic Zone (EEZ).1 In July 1987, the government of the Republic of China (ROC)l decided to abolish Martial Law. As a result of that development, scholars and experts in Taiwan questioned the legal validity of Presidential Decree No. 5046, which had been promulgated during the Martial Law period. They argued that the Decree had become null and void.3 This view was taken by the ROC government, which accordingly drafted a "Working Plan for the Study and Drawing up the Baselines of the Territorial Sea, EEZ and Territorial Sea Laws" in May 1989. * Paper presented at the Peace Forum, Taiwan Security in the Year 2000: Retrospect and , Prospects, December 15, 2000, Taipei, Taiwan, R.O.C. I The EEZ is an area beyond and adjacent to the territorial sea that cannot extend more than 200 nautical miles measured

Journal

The International Journal of Marine and Coastal Law – Brill

Published: Jan 1, 2001

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