10 Japanese Law and Policy on Marine Environment Protection …
195
if there is a strong worldwide demand to protect the marine environment, it is easier
for the MOE to exert an influence on ocean policies.
Besides, the MOE might exert a more reliable and effective influence on ocean
policies to protect the marine environment if it works more closely with environmental NGOs (ENGOs). While the private sector, which has strong connections
with industry, such as JISC and Class NK, has expert knowledge and experience, it
can be said that ENGOs in Japan are not as strong.
101 However, in adopting the Litters
Washed Ashore Act, the Japan Environmental Action Network, a Japanese ENGO,
played an important role.
102 In addition, as mentioned above, the NACS-J has criticised the formation of Japanese MPAs and commented on the new Okiai MPA.
103
Given the fact that ENGOs are growing and accumulating knowledge and experience, future collaboration with ENGOs would facilitate marine protection more
effectively.
Considering its advanced technology and the geographical feature as an islands
State, Japan may ought to play a more active role in protecting the marine environment. Having said that, due to the recent activation of the MOE, Japanese
policy is slowly but gradually getting environmentally friendly in the manner as
the international trend requests.
References
Delgado, I. C. (2018). The IMO: The role of the classification societies in promoting Global Ocean
Governance. In D. J. Attard, D. W. Greig, & R. P. Balkin (Eds.), The IMLI Treatise on Global
Ocean Governance: IMO and Global Ocean Governance (p. 278).
Diza, D., Johnson, D., Riddell, M., Rees, S., Battle, J., Gjerde, K., et al. (2018). Mainstreaming
Marine biodiversity into the SDGs: The role of other effective area-based conservation measures
(SDG 14.5)’, Marine Policy, 93, 251–261.
Firestone, J., & Corbett, J. J. (2005). Coastal and port environments: International legal and
policy responses to reduce ballast water introductions of potentially invasive species. Ocean
Development and International Law, 36(3), 291–292.
Fujita, K. (2017) Coalition between environmental NGOs and the government in advocacy:
Comparative analysis of the biodiversity policy arena’, The Nonprofit Review, 17(2), 110 (in
Japanese).
Giannopoulos, N. (2019). Global environmental regulation of Offshore energy production:
Searching for legal standards in Ocean Governance. Review of European, Comparative and
International Environmental Law, 29, 13–14.
Guilfoyle, D. (2017). Article 94: Duties of the flag state. In Proelss, A. (Ed.), United Nations
Convention on the Law of the Sea: A Commentary (p. 709).
101 Fujita indicates that the attempt of ENGOs in Japan to familiarize the term “Biodiversity” among
the public has failed; Kenjiro Fujita, ‘Coalition between Environmental NGOs and the Government
in Advocacy: Comparative Analysis of the Biodiversity Policy Arena’, The Nonprofit Review, Vol.
17, No. 2 (2017), p. 110 (in Japanese).
102 Takano, supra note 90, pp. 23–24.
103 NACS-J, ‘Public Comment for the Establishment of the MPA in Okiai Area’, available at https://
www.nacsj.or.jp/archive/2018/12/9276/ (last visited 21 May 2019) (in Japanese).
195
if there is a strong worldwide demand to protect the marine environment, it is easier
for the MOE to exert an influence on ocean policies.
Besides, the MOE might exert a more reliable and effective influence on ocean
policies to protect the marine environment if it works more closely with environmental NGOs (ENGOs). While the private sector, which has strong connections
with industry, such as JISC and Class NK, has expert knowledge and experience, it
can be said that ENGOs in Japan are not as strong.
101 However, in adopting the Litters
Washed Ashore Act, the Japan Environmental Action Network, a Japanese ENGO,
played an important role.
102 In addition, as mentioned above, the NACS-J has criticised the formation of Japanese MPAs and commented on the new Okiai MPA.
103
Given the fact that ENGOs are growing and accumulating knowledge and experience, future collaboration with ENGOs would facilitate marine protection more
effectively.
Considering its advanced technology and the geographical feature as an islands
State, Japan may ought to play a more active role in protecting the marine environment. Having said that, due to the recent activation of the MOE, Japanese
policy is slowly but gradually getting environmentally friendly in the manner as
the international trend requests.
References
Delgado, I. C. (2018). The IMO: The role of the classification societies in promoting Global Ocean
Governance. In D. J. Attard, D. W. Greig, & R. P. Balkin (Eds.), The IMLI Treatise on Global
Ocean Governance: IMO and Global Ocean Governance (p. 278).
Diza, D., Johnson, D., Riddell, M., Rees, S., Battle, J., Gjerde, K., et al. (2018). Mainstreaming
Marine biodiversity into the SDGs: The role of other effective area-based conservation measures
(SDG 14.5)’, Marine Policy, 93, 251–261.
Firestone, J., & Corbett, J. J. (2005). Coastal and port environments: International legal and
policy responses to reduce ballast water introductions of potentially invasive species. Ocean
Development and International Law, 36(3), 291–292.
Fujita, K. (2017) Coalition between environmental NGOs and the government in advocacy:
Comparative analysis of the biodiversity policy arena’, The Nonprofit Review, 17(2), 110 (in
Japanese).
Giannopoulos, N. (2019). Global environmental regulation of Offshore energy production:
Searching for legal standards in Ocean Governance. Review of European, Comparative and
International Environmental Law, 29, 13–14.
Guilfoyle, D. (2017). Article 94: Duties of the flag state. In Proelss, A. (Ed.), United Nations
Convention on the Law of the Sea: A Commentary (p. 709).
101 Fujita indicates that the attempt of ENGOs in Japan to familiarize the term “Biodiversity” among
the public has failed; Kenjiro Fujita, ‘Coalition between Environmental NGOs and the Government
in Advocacy: Comparative Analysis of the Biodiversity Policy Arena’, The Nonprofit Review, Vol.
17, No. 2 (2017), p. 110 (in Japanese).
102 Takano, supra note 90, pp. 23–24.
103 NACS-J, ‘Public Comment for the Establishment of the MPA in Okiai Area’, available at https://
www.nacsj.or.jp/archive/2018/12/9276/ (last visited 21 May 2019) (in Japanese).