THE MARITIME ASPECTS OF THE REPUBLIC-OF-CHINA CONSTITUTION - SOME OBSERVATIONS

The 1982 United Nations Convention on the Law of the Sea finally enter ed into force on November 16, 1994, and up to August 1995, more than e ighty countries had ratified or acceded to this new institution. In al l respects, this is indeed a breakthrough in the modern development of an international law of the sea. The Convention is quite comprehensiv e, not only codifying preexisting customary rules on maritime affairs, but also creating some new regimes to suit the modern uses of the mar ine sphere. Although the Constitution of the Republic of China (ROC) w as enacted some fifty years ago, it is not without references to marit ime law. For example, it expressly mentions in Article 108 that the ce ntral government has power over the shipping and marine fishery. Throu gh interpretation, it is therefore submitted that fundamental laws in this country are capable of keeping pace with the aforementioned devel opments in the law of the sea.