110
H. Banzai
6.5.2 PSI and Legislation for the Peace and Security of Japan
Participating States of the PSI may take inspection activities as the right to visit at
sea. This activity in the strict sense is not a ship inspection under the SOLAS and
MARPOL treaties, but a cargo inspection to verify if the ship is transporting WMD
and its related materials.
In Japan, the Law Concerning Measures to Ensure Peace and Security of Japan
in Situations that will have an Important Influence on Japan’s Peace and Security
acts as an inspection law. It is one of the laws and acts of the Legislation for Peace
and Security adopted in 2015. The former Act on Measures to Ensure the Peace and
Security of Japan in Perilous Situations in Areas Surrounding Japan was expanded
and amended to form the Important Influence Situations Law. Situations that will
have significant influence are cases that have an important influence on Japan’s peace
and security, such as situations that could lead to a direct armed attack against Japan
if left unattended. When a situation that will have an important influence occurs, the
scope of the Law has been expanded to permit logistical support, search and rescue
operations, and ship inspection operations. This includes foreign troops engaging in
activities that contribute to achieving the objectives of the United Nations Charter, in
addition to the United States forces engaging in activities that contribute to achieving
the objectives of Article 6 of the US-Japan Security Treaty.
50
The Maritime Self-Defense Force can board a foreign ship and verify and search
cargoes, based on the Important Influence Situations Law. In the era of the Act on
Perilous Situations in Areas Surrounding Japan, the nuclear test by North Korea was
not treated as a situation that could lead to a direct armed attack against Japan if
left unattended, and so the MSDF took no inspection activity against North Korean
ships.
51
References
Asada, M. (2004). Export Control Regime on Missiles (Misairu Kanren No Yushutsu Kanri Regime).
M. Asada (ed.), Prevention of Proliferation of Weapons and Export Control: Regime and Practice
(Heiki No Kakusan Boshi To Yushutsu Kanri:Seido To Jissen) (2004), pp. 96–100 (in Japanese).
Banzai, H. (2010). The proliferation security initiative and international law of the sea: A Japanese
lawyer’s perspective. Journal of East Asia and International Law, 3(1), 10–11.
Becker, M. A. (2005). The shifting public order of the oceans: Freedom of navigation and the
interdiction of ships at Sea. Harvard International Law Journal, 46, 136–147.
Guilfoyle, D. (2009). Shipping interdiction and the law of the sea, pp. 232–233.
Guilfoyle, D. (2015). Counter proliferation activities and freedom of navigation. In M. H. Nordquist,
J. N. Moore, R. C. Beckman & R. Long (eds.), Freedom of Navigation and Globalization, p. 79.
50 Ministry of Defense of Japan, Defense of Japan 2016, pp. 213–227, at https://www.mod.go.jp/e/
publ/w_paper/pdf/2016/DOJ2016_2-3-2_web.pdf (as of 31 October, 2019).
51 Y. ODA, “Recent Trend on the Measures for Maritime Security (Kaiji Security Taisaku Nikansuru
Saikin No Doko),” in Journal of the JIME, Vol. 42, No. 3 (2007), pp. 380–381 (in Japanese).
H. Banzai
6.5.2 PSI and Legislation for the Peace and Security of Japan
Participating States of the PSI may take inspection activities as the right to visit at
sea. This activity in the strict sense is not a ship inspection under the SOLAS and
MARPOL treaties, but a cargo inspection to verify if the ship is transporting WMD
and its related materials.
In Japan, the Law Concerning Measures to Ensure Peace and Security of Japan
in Situations that will have an Important Influence on Japan’s Peace and Security
acts as an inspection law. It is one of the laws and acts of the Legislation for Peace
and Security adopted in 2015. The former Act on Measures to Ensure the Peace and
Security of Japan in Perilous Situations in Areas Surrounding Japan was expanded
and amended to form the Important Influence Situations Law. Situations that will
have significant influence are cases that have an important influence on Japan’s peace
and security, such as situations that could lead to a direct armed attack against Japan
if left unattended. When a situation that will have an important influence occurs, the
scope of the Law has been expanded to permit logistical support, search and rescue
operations, and ship inspection operations. This includes foreign troops engaging in
activities that contribute to achieving the objectives of the United Nations Charter, in
addition to the United States forces engaging in activities that contribute to achieving
the objectives of Article 6 of the US-Japan Security Treaty.
50
The Maritime Self-Defense Force can board a foreign ship and verify and search
cargoes, based on the Important Influence Situations Law. In the era of the Act on
Perilous Situations in Areas Surrounding Japan, the nuclear test by North Korea was
not treated as a situation that could lead to a direct armed attack against Japan if
left unattended, and so the MSDF took no inspection activity against North Korean
ships.
51
References
Asada, M. (2004). Export Control Regime on Missiles (Misairu Kanren No Yushutsu Kanri Regime).
M. Asada (ed.), Prevention of Proliferation of Weapons and Export Control: Regime and Practice
(Heiki No Kakusan Boshi To Yushutsu Kanri:Seido To Jissen) (2004), pp. 96–100 (in Japanese).
Banzai, H. (2010). The proliferation security initiative and international law of the sea: A Japanese
lawyer’s perspective. Journal of East Asia and International Law, 3(1), 10–11.
Becker, M. A. (2005). The shifting public order of the oceans: Freedom of navigation and the
interdiction of ships at Sea. Harvard International Law Journal, 46, 136–147.
Guilfoyle, D. (2009). Shipping interdiction and the law of the sea, pp. 232–233.
Guilfoyle, D. (2015). Counter proliferation activities and freedom of navigation. In M. H. Nordquist,
J. N. Moore, R. C. Beckman & R. Long (eds.), Freedom of Navigation and Globalization, p. 79.
50 Ministry of Defense of Japan, Defense of Japan 2016, pp. 213–227, at https://www.mod.go.jp/e/
publ/w_paper/pdf/2016/DOJ2016_2-3-2_web.pdf (as of 31 October, 2019).
51 Y. ODA, “Recent Trend on the Measures for Maritime Security (Kaiji Security Taisaku Nikansuru
Saikin No Doko),” in Journal of the JIME, Vol. 42, No. 3 (2007), pp. 380–381 (in Japanese).