Structure and Contents
This book is composed of six parts, each of which has two authors, one Chinese and
one Japanese. Six parts are as follows: Part I: Historical Aspects, Part II:
Implementation, Part III: Navigation, Part IV: Mid-Ocean Archipelagos, Part V:
Marine Environment, and Part VI: Dispute Settlement. In some parts, two authors
did have a short discussion on the topic quite fortunately, while in many other parts,
however, there had been no interaction between Chinese and Japanese authors
before. Notwithstanding this, it seems still worthy of arranging two authors in each
part with a common topic, because it enabled us to limit the scope of discussion
between the designated authors. We hope that this kind of corroborative work
contributes to the development of academic discussion, which should be sincerely
adversarial and opened to criticism each other.
Part I (Chaps. 1 and 2) is devoted to the analysis of historical aspects of the law
of the sea, from Chinese and Japanese perspectives, respectively. In Chap. 1,
entitled ‘China and the Law of the Sea: Historical Aspects’, Keyuan Zou explains
the China’s relationship with the law of the sea, including the UNCLOS. Notably,
the author touches upon the historical fishery relationship between China and Japan
dating back to the pre-UNCLOS era and the China’s negotiation position within the
UNCLOS (UN Conference on the Law of the Sea), for clarifying the long history of
China with that of the law of the sea. The author also makes his opinion on the old
and recent topic of the historic right, alleged by China. In Chap. 2, entitled ‘Japan
and the Law of the Sea: Key Historical and Contemporary Milestones’, Shigeki
Sakamoto shows the general sketch of Japan’s policy and attitude towards the law
of the sea, by elucidating especially the domestic law of Japan concerning a variety
of issues, such as the regulation of piracy, the territorial sea and the international
straits, the maritime scientific research. The author does engage in a more controversial aspect of Japan’s policy in the realms of maritime boundary delimitation
dispute with Japan’s surrounding countries, including the issue of whaling.
Part II (Chaps. 3 and 4) deals with the implementation of the UNCLOS within
the domestic legal system, in China and Japan. In Chap. 3, entitled ‘The United
Nations Convention on the Law of the Sea and China’s Practice’, Yongming Jin
first elucidates the basic principles of the UNCLOS which, according to the
author’s viewpoint, are of primordial importance for China, a contracting party to
the UNCLOS. The author then elaborates the relevant Chinese laws, which are
aimed at implementing the UNCLOS in the Chinese domestic legal system, in
terms of their disadvantages, effects, and influences within the China’s domestic
legal system. In Chap. 4, entitled ‘Japanese Implementation of the United Nations
Convention on the Law of the Sea’, Jun Tsuruta explains precisely the legal
framework of the domestic legislation of Japan with regard to the law of the sea,
relating to contiguous zone, territorial sea, EEZ, continental shelf, and maritime
pollution prevention. Based on these legislations, the author clarifies how Japan
integrates the UNCLOS into the Japanese legal system, by way of legislating a
variety of domestic laws corresponding to relevant provisions of the UNCLOS.
vi
Preface
This book is composed of six parts, each of which has two authors, one Chinese and
one Japanese. Six parts are as follows: Part I: Historical Aspects, Part II:
Implementation, Part III: Navigation, Part IV: Mid-Ocean Archipelagos, Part V:
Marine Environment, and Part VI: Dispute Settlement. In some parts, two authors
did have a short discussion on the topic quite fortunately, while in many other parts,
however, there had been no interaction between Chinese and Japanese authors
before. Notwithstanding this, it seems still worthy of arranging two authors in each
part with a common topic, because it enabled us to limit the scope of discussion
between the designated authors. We hope that this kind of corroborative work
contributes to the development of academic discussion, which should be sincerely
adversarial and opened to criticism each other.
Part I (Chaps. 1 and 2) is devoted to the analysis of historical aspects of the law
of the sea, from Chinese and Japanese perspectives, respectively. In Chap. 1,
entitled ‘China and the Law of the Sea: Historical Aspects’, Keyuan Zou explains
the China’s relationship with the law of the sea, including the UNCLOS. Notably,
the author touches upon the historical fishery relationship between China and Japan
dating back to the pre-UNCLOS era and the China’s negotiation position within the
UNCLOS (UN Conference on the Law of the Sea), for clarifying the long history of
China with that of the law of the sea. The author also makes his opinion on the old
and recent topic of the historic right, alleged by China. In Chap. 2, entitled ‘Japan
and the Law of the Sea: Key Historical and Contemporary Milestones’, Shigeki
Sakamoto shows the general sketch of Japan’s policy and attitude towards the law
of the sea, by elucidating especially the domestic law of Japan concerning a variety
of issues, such as the regulation of piracy, the territorial sea and the international
straits, the maritime scientific research. The author does engage in a more controversial aspect of Japan’s policy in the realms of maritime boundary delimitation
dispute with Japan’s surrounding countries, including the issue of whaling.
Part II (Chaps. 3 and 4) deals with the implementation of the UNCLOS within
the domestic legal system, in China and Japan. In Chap. 3, entitled ‘The United
Nations Convention on the Law of the Sea and China’s Practice’, Yongming Jin
first elucidates the basic principles of the UNCLOS which, according to the
author’s viewpoint, are of primordial importance for China, a contracting party to
the UNCLOS. The author then elaborates the relevant Chinese laws, which are
aimed at implementing the UNCLOS in the Chinese domestic legal system, in
terms of their disadvantages, effects, and influences within the China’s domestic
legal system. In Chap. 4, entitled ‘Japanese Implementation of the United Nations
Convention on the Law of the Sea’, Jun Tsuruta explains precisely the legal
framework of the domestic legislation of Japan with regard to the law of the sea,
relating to contiguous zone, territorial sea, EEZ, continental shelf, and maritime
pollution prevention. Based on these legislations, the author clarifies how Japan
integrates the UNCLOS into the Japanese legal system, by way of legislating a
variety of domestic laws corresponding to relevant provisions of the UNCLOS.
vi
Preface