2 Japan and the Law of the Sea: Key Historical …
23
territory, but also marine areas for realising its national interest. From this point
of view, it is required to add a provision for innocent passage to the 1996 Law on
Territorial Waters.
2.3.2 Japanese National Law on the Marine Scientific
Research
It had been thought that marine scientific research (MSR) was included in the freedom
of the high seas in the traditional law of the sea. However, after the introduction of
the EEZ regime by UNCLOS, there are new rules which require the consent of the
coastal State in coordinating sovereign rights of coastal States to their EEZ and the
right of other States in conducting MSR. However, difficulty resides in that it is
almost impossible to distinguish seemingly between scientific research and other
types of research for resource exploration and exploitation, or for military surveys.
Thus, Article 249 of UNCLOS, while providing for certain conditions that States
and international organisations should comply with in undertaking MSR in the EEZ
or on the continental shelf of coastal States, mostly about the handling of the data
collected, makes it a rule that the organs that undertake MSR should ensure that the
results are made internationally available as soon as practicable. There is diversity of
national legislation and practices in giving consent to MSR for the most important
and vast area of EEZ.
Japan’s basic stance, as a leading nation on MSR technology, is to grant consent
without delay to MSR requests by other States in the Japanese EEZ, provided that the
research is to be undertaken solely for peaceful purposes and for the common interests
of mankind. For this consideration, Japan has adopted the Guideline for conducting
MSR in areas under the national jurisdiction of Japan without penalty in 1996.
18 Japan
has generally opposed the tightening of MSR regulations. This Guideline requires that
MSR by other States and competent international organisations in Japan’s territorial
sea and EEZ must be conducted only with the express consent of Japan not less than
six months in advance of the anticipated starting date of the MSR.
19 . In the EEZ
and the continental shelf, where coastal States have sovereign rights over resources,
Japan, as a coastal State, may withdraw consent for MSR when the research project
is of direct significance to the exploration and exploitation of natural resources,
whether living or non-living.
20 Japan grants permission, in addition to the conditions
clearly stipulated in the MSR provisions of UNCLOS, only under the condition of
reciprocity, that is, consent may be granted only if the applying States grant consent
to similar Japanese MSR applications in the EEZ and continental shelf of the other
State.
18 The Law of the Sea Bulletins, Consolidated Table of Contents, No. 33, 1997, p. 38.
19 The Guideline for conducting MSR in areas under national jurisdiction of Japan, The Ministry of
Foreign Affairs of Japan, 20 July 1996, paragraphs 1–2.
20 Article 246(5)(a) of UNCLOS.
23
territory, but also marine areas for realising its national interest. From this point
of view, it is required to add a provision for innocent passage to the 1996 Law on
Territorial Waters.
2.3.2 Japanese National Law on the Marine Scientific
Research
It had been thought that marine scientific research (MSR) was included in the freedom
of the high seas in the traditional law of the sea. However, after the introduction of
the EEZ regime by UNCLOS, there are new rules which require the consent of the
coastal State in coordinating sovereign rights of coastal States to their EEZ and the
right of other States in conducting MSR. However, difficulty resides in that it is
almost impossible to distinguish seemingly between scientific research and other
types of research for resource exploration and exploitation, or for military surveys.
Thus, Article 249 of UNCLOS, while providing for certain conditions that States
and international organisations should comply with in undertaking MSR in the EEZ
or on the continental shelf of coastal States, mostly about the handling of the data
collected, makes it a rule that the organs that undertake MSR should ensure that the
results are made internationally available as soon as practicable. There is diversity of
national legislation and practices in giving consent to MSR for the most important
and vast area of EEZ.
Japan’s basic stance, as a leading nation on MSR technology, is to grant consent
without delay to MSR requests by other States in the Japanese EEZ, provided that the
research is to be undertaken solely for peaceful purposes and for the common interests
of mankind. For this consideration, Japan has adopted the Guideline for conducting
MSR in areas under the national jurisdiction of Japan without penalty in 1996.
18 Japan
has generally opposed the tightening of MSR regulations. This Guideline requires that
MSR by other States and competent international organisations in Japan’s territorial
sea and EEZ must be conducted only with the express consent of Japan not less than
six months in advance of the anticipated starting date of the MSR.
19 . In the EEZ
and the continental shelf, where coastal States have sovereign rights over resources,
Japan, as a coastal State, may withdraw consent for MSR when the research project
is of direct significance to the exploration and exploitation of natural resources,
whether living or non-living.
20 Japan grants permission, in addition to the conditions
clearly stipulated in the MSR provisions of UNCLOS, only under the condition of
reciprocity, that is, consent may be granted only if the applying States grant consent
to similar Japanese MSR applications in the EEZ and continental shelf of the other
State.
18 The Law of the Sea Bulletins, Consolidated Table of Contents, No. 33, 1997, p. 38.
19 The Guideline for conducting MSR in areas under national jurisdiction of Japan, The Ministry of
Foreign Affairs of Japan, 20 July 1996, paragraphs 1–2.
20 Article 246(5)(a) of UNCLOS.