Part III (Chaps. 5 and 6) deals with the issues of passage and navigation, which
are both important and, thus, long debated in the law of the sea. In Chap. 5, entitled
‘A Chinese Perspective on the Innocent Passage of Warships, Contemporary Issues
and Analysis’, Yinan Bao analyses the Chinese position with regard to the innocent
passage in the territorial sea, presuming the applicability of it to the South China
Sea. The author tries to clarify, objectively, the merits and demerits of China’s
domestic law and policy in this regard and, furthermore, tries to find the way of
harmonising China’s interests and the other countries’ interests. In Chap. 6, entitled
‘Maritime Counter-Proliferation of Weapons of Mass Destruction and the Freedom
of Navigation: A Japanese Lawyer’s Perspective’, Hiroyuki Banzai analyses
Japan’s practice in the maritime counter-proliferation of WMD, which is situated at
the cross-roads between criminal jurisdiction, law of the sea, and anti-terrorism
activities in the international society. Based on this viewpoint, the author examines
precisely the criminal jurisdiction in each relevant sea areas and, then, the PSI as a
pilot plan for the criminalisation of the proliferation of WMD.
Part IV (Chaps. 7 and 8) deals with the same issue of mid-ocean archipelago, on
which a lot of debates have been made so far. In Chap. 7, entitled ‘The Application
of Straight Baselines to Mid-Ocean Archipelagos Belonging to Continental States:
A Chinese Lawyer’s Perspective’, Hua Zhang argues that the straight baselines are
applicable to the mid-ocean archipelagos, such as the South China Sea. This
argument is based not under the UNCLOS, but under customary international law.
The author clarifies the requirements for applying this concept, under customary
international law, and opines that it is actually applicable to several areas of China’s
sea. In Chap. 8, entitled ‘A Critique Against the Concept of Mid-Ocean
Archipelago’, Yurika Ishii counterargues that the concept of the mid-ocean archipelago has not been established neither under UNCLOS, nor under customary
international law and, thus, applicable to no place in the world including the South
China Sea. The author reached this conclusion on the basis of the comprehensiveness and superiority of UNCLOS and a thorough analysis on the State practice.
Part V (Chaps. 9 and 10) is relating to marine environment protection. In Chap. 9,
entitled ‘Chinese Law and Policy on Marine Environmental Protection’, Jiayi Wang
introduces China’s policy framework for marine environmental protection, which
has been recently developed in China, touching especially the relevant law and
provisions. The author additionally explains a lot of relevant administrative regulations, which implement the laws, and the enforcement mechanism of these laws
and regulations, for clarifying how China has developed the domestic system for
marine environmental protection. In Chap. 10, entitled ‘Japanese Law and Policy on
Marine Environment Protection: The Recent Activation of Ministry
of Environment’, Makoto Seta focuses on Japan’s law and policy in marine environmental protection, within a variety of areas such as marine environmental protection from shipping, MPAs, and marine litter. The author points out the unique
aspect of collaboration, in the said areas, between the Government’s regulations and
the private activities, such as the NGO’s involvement.
Preface
vii
are both important and, thus, long debated in the law of the sea. In Chap. 5, entitled
‘A Chinese Perspective on the Innocent Passage of Warships, Contemporary Issues
and Analysis’, Yinan Bao analyses the Chinese position with regard to the innocent
passage in the territorial sea, presuming the applicability of it to the South China
Sea. The author tries to clarify, objectively, the merits and demerits of China’s
domestic law and policy in this regard and, furthermore, tries to find the way of
harmonising China’s interests and the other countries’ interests. In Chap. 6, entitled
‘Maritime Counter-Proliferation of Weapons of Mass Destruction and the Freedom
of Navigation: A Japanese Lawyer’s Perspective’, Hiroyuki Banzai analyses
Japan’s practice in the maritime counter-proliferation of WMD, which is situated at
the cross-roads between criminal jurisdiction, law of the sea, and anti-terrorism
activities in the international society. Based on this viewpoint, the author examines
precisely the criminal jurisdiction in each relevant sea areas and, then, the PSI as a
pilot plan for the criminalisation of the proliferation of WMD.
Part IV (Chaps. 7 and 8) deals with the same issue of mid-ocean archipelago, on
which a lot of debates have been made so far. In Chap. 7, entitled ‘The Application
of Straight Baselines to Mid-Ocean Archipelagos Belonging to Continental States:
A Chinese Lawyer’s Perspective’, Hua Zhang argues that the straight baselines are
applicable to the mid-ocean archipelagos, such as the South China Sea. This
argument is based not under the UNCLOS, but under customary international law.
The author clarifies the requirements for applying this concept, under customary
international law, and opines that it is actually applicable to several areas of China’s
sea. In Chap. 8, entitled ‘A Critique Against the Concept of Mid-Ocean
Archipelago’, Yurika Ishii counterargues that the concept of the mid-ocean archipelago has not been established neither under UNCLOS, nor under customary
international law and, thus, applicable to no place in the world including the South
China Sea. The author reached this conclusion on the basis of the comprehensiveness and superiority of UNCLOS and a thorough analysis on the State practice.
Part V (Chaps. 9 and 10) is relating to marine environment protection. In Chap. 9,
entitled ‘Chinese Law and Policy on Marine Environmental Protection’, Jiayi Wang
introduces China’s policy framework for marine environmental protection, which
has been recently developed in China, touching especially the relevant law and
provisions. The author additionally explains a lot of relevant administrative regulations, which implement the laws, and the enforcement mechanism of these laws
and regulations, for clarifying how China has developed the domestic system for
marine environmental protection. In Chap. 10, entitled ‘Japanese Law and Policy on
Marine Environment Protection: The Recent Activation of Ministry
of Environment’, Makoto Seta focuses on Japan’s law and policy in marine environmental protection, within a variety of areas such as marine environmental protection from shipping, MPAs, and marine litter. The author points out the unique
aspect of collaboration, in the said areas, between the Government’s regulations and
the private activities, such as the NGO’s involvement.
Preface
vii