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Enhancing Marine Environmental Protection Enforcement in Taiwan: Legal and Policy Reforms in the Context of International Conventions
Summary
Despite its title referencing marine environmental protection, this paper studies Taiwan's legal and institutional framework for maritime pollution control — specifically how its laws compare to international conventions like MARPOL and UNCLOS — not microplastic pollution. It examines ship emission control, oil spill liability, and interagency coordination gaps and is not relevant to microplastics or human health.
The Marine Pollution Control Act (MPCA) in Taiwan aims to align with international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Civil Liability for Oil Pollution Damage (CLC), the International Oil Pollution Compensation Funds (FUNDs), and the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM). However, Taiwan’s particular international status prevents formal participation in these treaties. This study evaluates Taiwan’s legal and institutional frameworks on ship emission control, pollution liability and compensation, and interagency coordination, identifying key gaps compared with global standards. By analyzing Japan’s and South Korea’s best practices in port management, cross-border pollution prevention, and vessel monitoring, this study proposes legal and policy reforms that are tailored to Taiwan. Recommendations include strengthening liability mechanisms, enhancing interagency collaboration, monitoring vessels, and fostering regional cooperation. Our findings suggest that these reforms will improve Taiwan’s marine environmental governance and contribute to regional and global ocean sustainability.
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