2 Japan and the Law of the Sea: Key Historical …
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in piratic acts, as it is its duty, as a member of the international community, to suppress
piracy and to penalise those who engage in such acts.
2.3 Japan’s Domestic Law on the Law of the Sea
2.3.1 Territorial Sea and International Straits
The Third UN Conference on the Law of the Sea adopted UNCLOS in 1982.
UNCLOS comprehensively revised the traditional law of the sea and introduced,
among other things, the concept of ocean governance for sustainable use of marine
resources and the protection of the marine environment. Japan enacted domestic
laws for the implementation of UNCLOS from a viewpoint that UNCLOS served
the interests of Japan and the international community.
As mentioned earlier, in 1977, Japan enacted the Law on Territorial Waters (1977
Law on Territorial Waters). This legislation adopted the 12 nautical mile territorial
limit, with the exception of ‘designated areas’. In relation to ‘designated areas’,
Article 2 of the Supplementary Provisions in the 1977 Law on Territorial Waters
provides that “For the time being, the provisions of Article 1 shall not apply to the
Soya Kaikyo [NB., the terms ‘Kaikyo’ and ‘Suido’ mean ‘strait’ in Japanese], the
Tsugaru Kaikyo, the Tsusima Kaikyo Higasi Suido, the Tsusima Kaikyo Nisi Suido
and the Osumi Kaikyo (including areas of the sea adjacent to these waters and which
are recognized as forming respectively integral parts thereof from the point of view
of the course normally used for navigation by vessels). The territorial sea pertaining
to the designated areas shall be respectively the areas of the sea extending from the
baselines to the line 3 nautical miles seaward thereof and to the line drawn connecting
with the said line.”
There were two reasons behind the adoption of such a qualification. First, it was
considered preferable to wait and see whether the new regime of international strait,
which was proposed in the Third Conference on the Law of Sea, would be firmly fixed
or not, freezing the 3 nautical mile claim for the five straits specifically mentioned.
And secondly, under the ‘Three Principles of Denuclearization’, i.e., Japan’s nuclear
weapons policy, concerning non-production, non-possession, and non-permission
(of entry) of nuclear weapons in Japan (including its territorial waters), Japan had
to leave part of the high seas in order to prevent foreign warships carrying nuclear
weapons from violating its territorial waters.
In 1996, when it ratified UNCLOS, Japan revised its 1977 Law on Territorial
Waters, and enacted the Law on Territorial Waters and Contiguous Water Area
(1996 Law on Territorial Waters).
16 The 1996 Law on Territorial Waters, which
provides for 12 nautical mile territorial waters, adopts straight baselines, along with
16 Law on the Territorial Sea and the Contiguous Zone (Law N. 30 of 1977, as amended by Law
No. 73 of 1996), available at https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDF
FILES/JPN_1996_Law.pdf (last accessed 30 June 2020).
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in piratic acts, as it is its duty, as a member of the international community, to suppress
piracy and to penalise those who engage in such acts.
2.3 Japan’s Domestic Law on the Law of the Sea
2.3.1 Territorial Sea and International Straits
The Third UN Conference on the Law of the Sea adopted UNCLOS in 1982.
UNCLOS comprehensively revised the traditional law of the sea and introduced,
among other things, the concept of ocean governance for sustainable use of marine
resources and the protection of the marine environment. Japan enacted domestic
laws for the implementation of UNCLOS from a viewpoint that UNCLOS served
the interests of Japan and the international community.
As mentioned earlier, in 1977, Japan enacted the Law on Territorial Waters (1977
Law on Territorial Waters). This legislation adopted the 12 nautical mile territorial
limit, with the exception of ‘designated areas’. In relation to ‘designated areas’,
Article 2 of the Supplementary Provisions in the 1977 Law on Territorial Waters
provides that “For the time being, the provisions of Article 1 shall not apply to the
Soya Kaikyo [NB., the terms ‘Kaikyo’ and ‘Suido’ mean ‘strait’ in Japanese], the
Tsugaru Kaikyo, the Tsusima Kaikyo Higasi Suido, the Tsusima Kaikyo Nisi Suido
and the Osumi Kaikyo (including areas of the sea adjacent to these waters and which
are recognized as forming respectively integral parts thereof from the point of view
of the course normally used for navigation by vessels). The territorial sea pertaining
to the designated areas shall be respectively the areas of the sea extending from the
baselines to the line 3 nautical miles seaward thereof and to the line drawn connecting
with the said line.”
There were two reasons behind the adoption of such a qualification. First, it was
considered preferable to wait and see whether the new regime of international strait,
which was proposed in the Third Conference on the Law of Sea, would be firmly fixed
or not, freezing the 3 nautical mile claim for the five straits specifically mentioned.
And secondly, under the ‘Three Principles of Denuclearization’, i.e., Japan’s nuclear
weapons policy, concerning non-production, non-possession, and non-permission
(of entry) of nuclear weapons in Japan (including its territorial waters), Japan had
to leave part of the high seas in order to prevent foreign warships carrying nuclear
weapons from violating its territorial waters.
In 1996, when it ratified UNCLOS, Japan revised its 1977 Law on Territorial
Waters, and enacted the Law on Territorial Waters and Contiguous Water Area
(1996 Law on Territorial Waters).
16 The 1996 Law on Territorial Waters, which
provides for 12 nautical mile territorial waters, adopts straight baselines, along with
16 Law on the Territorial Sea and the Contiguous Zone (Law N. 30 of 1977, as amended by Law
No. 73 of 1996), available at https://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDF
FILES/JPN_1996_Law.pdf (last accessed 30 June 2020).