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J. Tsuruta
Concerning matters the government should consider when enforcing the Basic Act
on Ocean Policy, the bill for the Basic Act on Ocean Policy includes the adopted resolution by the House of Representatives Committee on Land, Infrastructure, Transport
and Tourism.
3 It also included the adopted supplementary resolution by the House of
Councilors Committee on Land and Transport.
4 The contents of these two resolutions
are essentially the same. They both state that in the enforcement of the Basic Act on
Ocean Policy, Japan should “urgently prepare the domestic legal system concerning
the various systems stipulated by the UNCLOS and other international agreements,”
“in order to secure our country’s national interests concerning the sea and to fulfill
our international obligations concerning the sea.” This is considering that “domestic
laws have not well been arranged” for implementing the United Nations Convention
on the Law of the Sea (UNCLOS) in Japan.
4.2 Japanese Laws for Implementing the UNCLOS
The key domestic laws arranged by Japan when it ratified the UNCLOS in 1996
include: revisions made to the Act on Territorial Sea and Contiguous Zone (Act No.
30 of 1977) (hereinafter “the Territorial Sea Act”)
5 ; and the enactment of the Act
on the Exclusive Economic Zone and the Continental Shelf (Act No. 74 of 1996)
(hereinafter “the EEZ Act”).
6 In accordance with the classification of sea areas by the
UNCLOS, these two laws define the territorial sea, the contiguous zone, the exclusive
economic zone (“EEZ”) , and the continental shelf, and establish provisions on the
application of some relevant laws to each sea area. As a result, the sea areas inside
and nearby Japan consist of internal waters (sea areas within the baseline), territorial
sea (the sea area basically within 12 nautical miles from the baseline), the contiguous
zone (the sea area within 24 nautical miles from the baseline, excluding the territorial
sea), the EEZ (the sea area within 200 nautical miles from the baseline, excluding
the territorial sea, the seabed and the subsoil under it), and the continental shelf
(the seabed within 200 nautical miles from the baseline, excluding the seabed of the
territorial sea). (See the Fig. 4.1).
The essence of the 1996 Territorial Sea Act and the EEZ Act, like that of the Territorial Sea Act before the revision, is to define the width of each sea area. These Acts
lack provisions stipulating the rules for deciding what does and does not constitute
an innocent passage in Japan’s territorial sea. Furthermore, they also do not include
4 The supplementary resolution is available at https://www.sangiin.go.jp/japanese/gianjoho/ketsugi/
166/f072_041901.pdf (only in Japanese) (last accessed on May 20, 2020).
5 The 1996 Territorial Sea Act is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_
search/lsg0500/detail?lawId=352AC0000000030 (only in Japanese) (last accessed on May 20,
2020). See Akaha Tsuneo, 1989, Internalizing international law: Japan and the regime of navigation under the un convention on the law of the sea, Ocean Development & International Law,
Vol. 20(2), pp. 113–139.
6 The EEZ Act is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/
detail?lawId=408AC0000000074 (only in Japanese) (last accessed on May 20, 2020).
J. Tsuruta
Concerning matters the government should consider when enforcing the Basic Act
on Ocean Policy, the bill for the Basic Act on Ocean Policy includes the adopted resolution by the House of Representatives Committee on Land, Infrastructure, Transport
and Tourism.
3 It also included the adopted supplementary resolution by the House of
Councilors Committee on Land and Transport.
4 The contents of these two resolutions
are essentially the same. They both state that in the enforcement of the Basic Act on
Ocean Policy, Japan should “urgently prepare the domestic legal system concerning
the various systems stipulated by the UNCLOS and other international agreements,”
“in order to secure our country’s national interests concerning the sea and to fulfill
our international obligations concerning the sea.” This is considering that “domestic
laws have not well been arranged” for implementing the United Nations Convention
on the Law of the Sea (UNCLOS) in Japan.
4.2 Japanese Laws for Implementing the UNCLOS
The key domestic laws arranged by Japan when it ratified the UNCLOS in 1996
include: revisions made to the Act on Territorial Sea and Contiguous Zone (Act No.
30 of 1977) (hereinafter “the Territorial Sea Act”)
5 ; and the enactment of the Act
on the Exclusive Economic Zone and the Continental Shelf (Act No. 74 of 1996)
(hereinafter “the EEZ Act”).
6 In accordance with the classification of sea areas by the
UNCLOS, these two laws define the territorial sea, the contiguous zone, the exclusive
economic zone (“EEZ”) , and the continental shelf, and establish provisions on the
application of some relevant laws to each sea area. As a result, the sea areas inside
and nearby Japan consist of internal waters (sea areas within the baseline), territorial
sea (the sea area basically within 12 nautical miles from the baseline), the contiguous
zone (the sea area within 24 nautical miles from the baseline, excluding the territorial
sea), the EEZ (the sea area within 200 nautical miles from the baseline, excluding
the territorial sea, the seabed and the subsoil under it), and the continental shelf
(the seabed within 200 nautical miles from the baseline, excluding the seabed of the
territorial sea). (See the Fig. 4.1).
The essence of the 1996 Territorial Sea Act and the EEZ Act, like that of the Territorial Sea Act before the revision, is to define the width of each sea area. These Acts
lack provisions stipulating the rules for deciding what does and does not constitute
an innocent passage in Japan’s territorial sea. Furthermore, they also do not include
4 The supplementary resolution is available at https://www.sangiin.go.jp/japanese/gianjoho/ketsugi/
166/f072_041901.pdf (only in Japanese) (last accessed on May 20, 2020).
5 The 1996 Territorial Sea Act is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_
search/lsg0500/detail?lawId=352AC0000000030 (only in Japanese) (last accessed on May 20,
2020). See Akaha Tsuneo, 1989, Internalizing international law: Japan and the regime of navigation under the un convention on the law of the sea, Ocean Development & International Law,
Vol. 20(2), pp. 113–139.
6 The EEZ Act is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/
detail?lawId=408AC0000000074 (only in Japanese) (last accessed on May 20, 2020).