海域管理法制初探

Study on the Legal System of Ocean and Costal Area Management

我國原以農業立國，後因社會經濟與科學變動，使國土利用產生重大轉折。經濟發展為國家命脈，但應與環境生態保護兼籌並顧，並使國土資源使用永續發展，國土計畫法即因此應運而生。國土計畫法將國家領土區分，依各種條件規範使用限制。國家領土範圍非僅限於陸地，其亦包含海洋區域。而我國對海岸地帶之管理，先前制定有海岸管理法。於國土計畫法制定開始實施後，其與海岸管理法規定是否衝突？果有所衝突，兩者間應如何協調或修正，本文即就相關議題討論。 It is originally putting agriculture as our nation's foundation. Due to the development of social economics and science, it has changed the way of utilization of resources on the land. Accordingly, the Spatial Planning Act (國土計畫法）is enactive to promote the reasonable allocation of resources and industries in pursuit sustainable development for our natural environment. However, the establishment of spatial development plan is not limited to the land, and the Act also covers the utilization of resources in marine as well. In this regard, it seems to be a contradiction consists of a legal conflict between the Spatial Planning Act (國土計畫法）and Coastal Zone Management Act (海岸管理法)which cope with the sustainable development of coastal zones. Therefore, this paper will reviews the relevant legal issues and makes proposal for regulatory reform or adjustment.

It is originally putting agriculture as our nation's foundation. Due to the development of social economics and science, it has changed the way of utilization of resources on the land. Accordingly, the Spatial Planning Act (國土計畫法）is enactive to promote the reasonable allocation of resources and industries in pursuit sustainable development for our natural environment. However, the establishment of spatial development plan is not limited to the land, and the Act also covers the utilization of resources in marine as well. In this regard, it seems to be a contradiction consists of a legal conflict between the Spatial Planning Act (國土計畫法）and Coastal Zone Management Act (海岸管理法)which cope with the sustainable development of coastal zones. Therefore, this paper will reviews the relevant legal issues and makes proposal for regulatory reform or adjustment.