24
S. Sakamoto
A serious defect of the Guideline is the lack of penalties for violations of the
conditions for MSR permission. The measures that Japan adopts in such situations are
limited, only with a request of suspension or termination of the MSR concerned. The
phenomena of such singular cases by Chinese vessels have recently been witnessed in
the East China Sea. Article 4 (Improvement of Scientific Knowledge of the Oceans)
of Japan’s Basic Act on Ocean Policy
21 executed on 20 July 2007 provides that in
consideration of the fact that the scientific knowledge of the ocean is indispensable
for the proper development and use of the ocean and consideration of the marine
environment, the scientific knowledge of the ocean shall be improved. At the same
time, Article 19 (Promotion of Development of EEZ) of that Act provides that the
Japan shall take necessary measures to prevent the infringement of its sovereign
rights in its EEZ. Japan is required to develop its legal system to achieve these dual
purposes.
2.4 Japan-China Dispute Over Maritime Boundary
Delimitation
The East China Sea, the breadth of which is less than 400 nautical miles, lies between
Japan and China. In 1968, the UN Economic Commission for Asia and the Far
East (ECAFE) conducted marine exploration in the East China Sea, revealing the
possibility that its continental shelf may be abundant in oil and natural gas deposits.
The exploration of the Shirakaba (Chunxiao in Chinese) oil and gas field, started by
China in August 2003, gave rise to an intense dispute between Japan and China over
resource development. The East China Sea became a sea of conflict between Japan
and China. In addition, Japan and China are engaged in a territorial dispute over the
Senkaku Islands (Diaoyu Islands in Chinese), further compounding this situation.
Behind this conflict, Japan and China are in dispute as to the proper delimitation
of the continental shelf and EEZ. China has advocated the natural prolongation
of the continental shelf while Japan has claimed the median line between the two
countries’ coastlines as the continental shelf and EEZ boundary. Furthermore, China
has opposed Japan’s provisional adoption of the median line in its domestic Law on
the Exclusive Economic Zones and the Continental Shelf, while Japan has raised
an objection to China’s unilateral oil and gas development in waters close to the
Japan-claimed median line.
The first and serious conflict over this dispute is concerned with the location of the
disputed sea area. Japan argues that the disputed sea area extends over all the waters
in the East China Sea where the respective 200 nautical miles claims of China and
Japan overlap. Against the Japanese argument, China claims that the disputed sea
21 Cf. the unofficial English translation of the Basic Act on Ocean Policy (effective 20 July 2007)
https://www8.cao.go.jp/ocean/english/act/pdf/law_e.pdf (last accessed 30 June 2020).
S. Sakamoto
A serious defect of the Guideline is the lack of penalties for violations of the
conditions for MSR permission. The measures that Japan adopts in such situations are
limited, only with a request of suspension or termination of the MSR concerned. The
phenomena of such singular cases by Chinese vessels have recently been witnessed in
the East China Sea. Article 4 (Improvement of Scientific Knowledge of the Oceans)
of Japan’s Basic Act on Ocean Policy
21 executed on 20 July 2007 provides that in
consideration of the fact that the scientific knowledge of the ocean is indispensable
for the proper development and use of the ocean and consideration of the marine
environment, the scientific knowledge of the ocean shall be improved. At the same
time, Article 19 (Promotion of Development of EEZ) of that Act provides that the
Japan shall take necessary measures to prevent the infringement of its sovereign
rights in its EEZ. Japan is required to develop its legal system to achieve these dual
purposes.
2.4 Japan-China Dispute Over Maritime Boundary
Delimitation
The East China Sea, the breadth of which is less than 400 nautical miles, lies between
Japan and China. In 1968, the UN Economic Commission for Asia and the Far
East (ECAFE) conducted marine exploration in the East China Sea, revealing the
possibility that its continental shelf may be abundant in oil and natural gas deposits.
The exploration of the Shirakaba (Chunxiao in Chinese) oil and gas field, started by
China in August 2003, gave rise to an intense dispute between Japan and China over
resource development. The East China Sea became a sea of conflict between Japan
and China. In addition, Japan and China are engaged in a territorial dispute over the
Senkaku Islands (Diaoyu Islands in Chinese), further compounding this situation.
Behind this conflict, Japan and China are in dispute as to the proper delimitation
of the continental shelf and EEZ. China has advocated the natural prolongation
of the continental shelf while Japan has claimed the median line between the two
countries’ coastlines as the continental shelf and EEZ boundary. Furthermore, China
has opposed Japan’s provisional adoption of the median line in its domestic Law on
the Exclusive Economic Zones and the Continental Shelf, while Japan has raised
an objection to China’s unilateral oil and gas development in waters close to the
Japan-claimed median line.
The first and serious conflict over this dispute is concerned with the location of the
disputed sea area. Japan argues that the disputed sea area extends over all the waters
in the East China Sea where the respective 200 nautical miles claims of China and
Japan overlap. Against the Japanese argument, China claims that the disputed sea
21 Cf. the unofficial English translation of the Basic Act on Ocean Policy (effective 20 July 2007)
https://www8.cao.go.jp/ocean/english/act/pdf/law_e.pdf (last accessed 30 June 2020).