Chapter 3 PART II EVOLUTION OF INTERNATIONAL PRESCRIPTIONS ON ICM 海洋和海岸整合性管理全球敘述的演變概迹
Chapter 3 PART II EVOLUTION OF INTERNATIONAL PRESCRIPTIONS ON ICM 海洋和海岸整合性管理全球敘述的演變概述
The Evolution of Global Prescriptions for Integrated Management of Oceans and Coasts Introduction As the need for improved management of coastal and ocean areas became clearer,various coastal nations embarked on management programs in their coastal zones.However,as discussed in chapter 1,these efforts tended to be limited in scope and application often dealing only with a particular region of the coast or ocean or a specific problem such as coastal erosion. Academics and others,increasingly aware of the need for a broader kind of coastal management,began calling for more comprehensive,better integrated approaches (see,e.g.,Sorensen and McCreary,1990,Clark,1991. Cicin-Sain and Knecht,1985). 更好的海岸和海洋管理明顯有其需要性，各海岸國家在海岸地區著手 海岸管理。如前所迹，在範疇和應用上，仍受限。學術界也漸明瞭更 廣海岸管理的需要，進而開始要求更詳盡和更整合的作法
The Evolution of Global Prescriptions for Integrated Management of Oceans and Coasts Introduction As the need for improved management of coastal and ocean areas became clearer, various coastal nations embarked on management programs in their coastal zones. However, as discussed in chapter 1, these efforts tended to be limited in scope and application, often dealing only with a particular region of the coast or ocean or a specific problem such as coastal erosion. Academics and others, increasingly aware of the need for a broader kind of coastal management, began calling for more comprehensive, better integrated approaches (see, e.g., Sorensen and McCreary, 1990, Clark, 1991, Cicin-Sain and Knecht, 1985). 更好的海岸和海洋管理明顯有其需要性，各海岸國家在海岸地區著手 海岸管理。如前所述，在範疇和應用上，仍受限。學術界也漸明瞭更 廣海岸管理的需要,進而開始要求更詳盡和更整合的作法.
這樣的需求開始在國際研討會宣言協議得到迴響。 This need began to be echoed at international conferences and in declarations and agreements coming out of such meetings. In this chapter,we focus on the way in which the ICM concept and its earlier manifestations have been reflected in formal international agreements,with special attention devoted to the pronouncements related to the United Nations Conference on Environment and Development (UNCED)held in Rio de Janeiro,Brazil,in June 1992;the earlier United Nations Law of the Sea (LOS)Conference (1973-1982),and the still earlier United Nations Conference on the Human Environment held in Stockholm in June 1972. 本章著重在ICM概念和較早表現，而已經反應在正式的國際協議上， 特别強調以(UNCED,1992)，(L0S,1973-1982)，以及(UNCHE, 1972)
這樣的需求開始在國際研討會宣言協議得到迴響。 This need began to be echoed at international conferences and in declarations and agreements coming out of such meetings. In this chapter, we focus on the way in which the ICM concept and its earlier manifestations have been reflected in formal international agreements, with special attention devoted to the pronouncements related to the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil, in June 1992; the earlier United Nations Law of the Sea (LOS) Conference (1973—1982), and the still earlier United Nations Conference on the Human Environment held in Stockholm in June 1972. 本章著重在ICM概念和較早表現，而已經反應在正式的國際協議上， 特別強調以(UNCED，1992)， (LOS ，1973-1982)，以及(UNCHE， 1972)
In the twenty-year time span represented by these conferences,one can see the maturation of concepts of integrated management as the general idea is articulated in successive legal instruments and reports We begin with a description of the way in which ocean issues and then environmental issues were addressed in the international arena. 在此20年間，可見觀念的成熟，由於一般概念建立在連續的法定的工 具和報告。我們由國傺舞台上提到的海洋和環境問題，開始敘述。 The Evolution of International Regimes Involving the Ocean and the Environment國際上提及海洋和環境的演變 In this section,key international developments involving the ocean and the environment are described with special attention given to the manner in which they deal with the evolving integrated coastal management concept
In the twenty-year time span represented by these conferences, one can see the maturation of concepts of integrated management as the general idea is articulated in successive legal instruments and reports. We begin with a description of the way in which ocean issues and then environmental issues were addressed in the international arena. 在此20年間，可見觀念的成熟，由於一般概念建立在連續的法定的工 具和報告。我們由國際舞台上提到的海洋和環境問題，開始敘述。 The Evolution of International Regimes Involving the Ocean and the Environment 國際上提及海洋和環境的演變 In this section, key international developments involving the ocean and the environment are described with special attention given to the manner in which they deal with the evolving integrated coastal management concept
Third United Nations Conference on the Law of the Sea (1973-1982 and Subsequent Actions) To describe the evolution of the Law of the Sea-the international "constitution"for ocean governance,we must take a brief excursion into history and provide a brief overview of the major paradigms that have governed the use of the world's oceans. For about four-hundred years,until the middle of the twentieth century,the predominant paradigm for governance of the world's oceans was the notion of "Freedom of the Seas,"pioneered by Hugo Grotius,a Dutch jurist,in 1609. 海洋法(1973-1982)/國際海洋管理的慮法，要先做歷史回顧，和掌控世 界海洋使用的主要思維 400年以來到20世紀中，掌控世界海洋的主要思維“海洋自由論”， 其先驅荷蘭法學家Hugo Grotius
Third United Nations Conference on the Law of the Sea (1973—1982 and Subsequent Actions) To describe the evolution of the Law of the Sea—the international “constitution” for ocean governance, we must take a brief excursion into history and provide a brief overview of the major paradigms that have governed the use of the world’s oceans. For about four-hundred years, until the middle of the twentieth century, the predominant paradigm for governance of the world’s oceans was the notion of “Freedom of the Seas,” pioneered by Hugo Grotius, a Dutch jurist, in 1609. 海洋法(1973-1982)/國際海洋管理的憲法，要先做歷史回顧，和掌控世 界海洋使用的主要思維 400年以來到20世紀中，掌控世界海洋的主要思維〝海洋自由論〞 ， 其先驅荷蘭法學家 Hugo Grotius
論著Mare Liberum提及： Grotius's famed treatise,Mare Liberum,persuasively argues that because the world's continents are separated by the sea into a number of distinct land areas each of which could not develop without intercourse with the others,there is a "natural law"to the effect that the oceans should remain perpetually open for free trade and communication among nations (Friedheim,1979). Moreover,Grotius argued,because it was,in practical terms,impossible to occupy,divide,or apportion the fluid and mobile sea,the ocean could not be considered "property"and owned as such. 自然法則：自由貿易、航行 所有法則：無法分配擁有
論著Mare Liberum提及: Grotius’s famed treatise, Mare Liberum, persuasively argues that because the world’s continents are separated by the sea into a number of distinct land areas each of which could not develop without intercourse with the others, there is a “natural law” to the effect that the oceans should remain perpetually open for free trade and communication among nations (Friedheim, 1979). Moreover, Grotius argued, because it was, in practical terms, impossible to occupy, divide, or apportion the fluid and mobile sea, the ocean could not be considered “property” and owned as such. 自然法則:自由貿易、航行 所有法則:無法分配擁有
The doctrine of freedom of the seas was developed in the 1600s as a reaction to efforts made earlier,in the 1400s,to divide up the oceans of the world.In 1493, Pope Alexander VI issued a papal bull decreeing that all lands west of the Azores would be Spain's and all lands east of that line (extending all the way around the globe) would appertain to Portugal.Soon,Spain was claiming exclusive navigation rights to the western Atlantic Ocean (challenging the exploratory voyages of the English)and Portugal was claiming the same rights for the South Atlantic and Indian Oceans.As a reaction to this effort to divide up the world,the freedom of the seas doctrine was developed by the Dutch,who had strong interests. through the Dutch East India Company,in trading with the East Indies,and who sponsored Grotius's treatise. 1600年代的自由論點是因應1400年代分割海洋。 1493教宗發出apapal bul1命令Azores亞速爾個群島以西為西班牙， 以東為葡萄牙。這個想法為荷蘭提出，其對印度群島貿易有興趣，也 資助Grofius論著
The doctrine of freedom of the seas was developed in the 1600s as a reaction to efforts made earlier, in the 1400s, to divide up the oceans of the world. In 1493, Pope Alexander VI issued a papal bull decreeing that all lands west of the Azores would be Spain’s and all lands east of that line (extending all the way around the globe) would appertain to Portugal. Soon, Spain was claiming exclusive navigation rights to the western Atlantic Ocean (challenging the exploratory voyages of the English) and Portugal was claiming the same rights for the South Atlantic and Indian Oceans. As a reaction to this effort to divide up the world, the freedom of the seas doctrine was developed by the Dutch, who had strong interests, through the Dutch East India Company, in trading with the East Indies, and who sponsored Grotius’s treatise. 1600年代的自由論點是因應1400年代分割海洋。 1493教宗發出apapal bull命令Azores亞速爾個群島以西為西班牙， 以東為葡萄牙。這個想法為荷蘭提出，其對印度群島貿易有興趣，也 資助Grofius論著
As coastal nations came to support the concept of freedom of the seas,they also saw the need to control the band of sea immediately adjacent to their shorelines.Without such a protective zone,armed ships could sail menacingly close to countrysshore andintrerith itscmmand security.Thus arose the legal concept of the territorial sea (set,by custom,in the late 1700s,at about three nautical miles offshore),holding that nations could establish control over the areas immediately adjacent to their coastlines 海岸國家支持海洋自由，也看到保護海域的需要，因此引起1700年代的 領海觀念。·
As coastal nations came to support the concept of freedom of the seas, they also saw the need to control the band of sea immediately adjacent to their shorelines. Without such a protective zone, armed ships could sail menacingly close to a country’s shore and interfere with its commerce and security. Thus arose the legal concept of the territorial sea (set, by custom, in the late 1700s, at about three nautical miles offshore), holding that nations could establish control over the areas immediately adjacent to their coastlines. 海岸國家支持海洋自由，也看到保護海域的需要，因此引起1700年代的 領海觀念
Within this zone,they could exert police powers,set customs,and control fishing;still allowing,however,for the "innocent passage"of foreign vessels through the zone. Thus,from the 1600s to the end of World War Il,the freedom of the seas doctrine prevailed.Coastal nations possessed relatively narrow territorial seas,and national activity beyond territorial waters was_limited primarily to navigation,coastal fishing,and in a few cases,distant- water fishing and cable laying. 1600年代~二次大戰結束，自由海洋教條盛行 海岸國家擁有較小領海，領海以外活動受限
Within this zone, they could exert police powers, set customs, and control fishing; still allowing, however, for the “innocent passage” of foreign vessels through the zone. Thus, from the 1600s to the end of World War II, the freedom of the seas doctrine prevailed. Coastal nations possessed relatively narrow territorial seas, and national activity beyond territorial waters was limited primarily to navigation, coastal fishing, and in a few cases, distantwater fishing and cable laying. 1600年代~二次大戰結束，自由海洋教條盛行 海岸國家擁有較小領海，領海以外活動受限
In contrast to this period of stability,since 1945 there has been almost constant activity,both internationally and nationally,with respect to ocean law and policy.The major new development during this time has been the"enclosure" by coastal nations of ocean space adjacent to their coastlines (Friedheim 1979),culminating in the 1980s with a new paradigm for international ocean governance: worldwide acceptance of national jurisdiction over 200- nautical-mile ocean zones. 1945~穩定，圍入ocean space 1980年代--200EEZ Culminate:達最高潮
In contrast to this period of stability, since 1945 there has been almost constant activity, both internationally and nationally, with respect to ocean law and policy. The major new development during this time has been the “enclosure” by coastal nations of ocean space adjacent to their coastlines (Friedheim 1979), culminating in the 1980s with a new paradigm for international ocean governance: worldwide acceptance of national jurisdiction over 200- nautical-mile ocean zones. 1945~穩定，圍入ocean space 1980年代 --- 200 EEZ Culminate:達最高潮