Chapter 2
Japan and the Law of the Sea: Key
Historical and Contemporary Milestones
Shigeki Sakamoto
2.1 Introduction
For centuries, the maritime order governing the world’s oceans, which cover over
70% of the Earth’s surface, consisted of a dual structure, divided between the narrow
band of territorial waters deemed necessary for the security of coastal States and the
vast high seas beyond, which all countries were free to navigate and use as they saw
fit. The law of the sea, which codified this order, is one of the oldest branches of
international law.
Japan’s State practice in international law began with the law of the sea. In the
Prussian-French War of 1870, Japan declared its neutrality, and accepted the rule of
3 nautical miles territorial waters as follows:
the contending parties are not permitted to engage in hostilities in Japanese harbor or inland
waters, or within a distance of three nautical miles from land at any place, such being
the distance to which a cannon-ball can be thrown. Men-of-war or merchant vessels will,
however,be allowed free passage as heretofore. 1
As Professors Churchill and Lowe have rightly pointed out, through much of the
history of the notion of ‘territorial sea’, the question as to its breadth has been a
matter of controversy.
2 In 1924, the League of Nations appointed a Committee of
Experts to draw up a list of subjects ripe for codification, in which that of territorial
sea was included.
3 The Committee circulated ‘Questionnaires’ to governments on
1 Hanawa (1978).
2 Churchill and Lowe (1999).
3 Ibid., 1999, p. 14.
S. Sakamoto (B)
Doshisha University, Kyoto, Japan
e-mail: BZE22605@nifty.ne.jp
© Kobe University 2021
D. Tamada and K. Zou (eds.), Implementation of the United Nations Convention
on the Law of the Sea, Kobe University Monograph Series in Social Science Research,
https://doi.org/10.1007/978-981-33-6954-2_2
17
Japan and the Law of the Sea: Key
Historical and Contemporary Milestones
Shigeki Sakamoto
2.1 Introduction
For centuries, the maritime order governing the world’s oceans, which cover over
70% of the Earth’s surface, consisted of a dual structure, divided between the narrow
band of territorial waters deemed necessary for the security of coastal States and the
vast high seas beyond, which all countries were free to navigate and use as they saw
fit. The law of the sea, which codified this order, is one of the oldest branches of
international law.
Japan’s State practice in international law began with the law of the sea. In the
Prussian-French War of 1870, Japan declared its neutrality, and accepted the rule of
3 nautical miles territorial waters as follows:
the contending parties are not permitted to engage in hostilities in Japanese harbor or inland
waters, or within a distance of three nautical miles from land at any place, such being
the distance to which a cannon-ball can be thrown. Men-of-war or merchant vessels will,
however,be allowed free passage as heretofore. 1
As Professors Churchill and Lowe have rightly pointed out, through much of the
history of the notion of ‘territorial sea’, the question as to its breadth has been a
matter of controversy.
2 In 1924, the League of Nations appointed a Committee of
Experts to draw up a list of subjects ripe for codification, in which that of territorial
sea was included.
3 The Committee circulated ‘Questionnaires’ to governments on
1 Hanawa (1978).
2 Churchill and Lowe (1999).
3 Ibid., 1999, p. 14.
S. Sakamoto (B)
Doshisha University, Kyoto, Japan
e-mail: BZE22605@nifty.ne.jp
© Kobe University 2021
D. Tamada and K. Zou (eds.), Implementation of the United Nations Convention
on the Law of the Sea, Kobe University Monograph Series in Social Science Research,
https://doi.org/10.1007/978-981-33-6954-2_2
17