4 Japanese Implementation of the United Nations Convention …
69
on Special Measures Concerning the Guarding of Japanese Ships in Pirate-Infested
Waters (Act No. 75 of 2013) enacted in November 2013.
14
To regulate the navigation of foreign ships that do not meet the criteria for innocent
passage in Japan’s territorial sea, the provisions in the Foreign Ships Navigation Act
focus on “passage” as prescribed in Article 18, Paragraph 2 of the UNCLOS, and
not on “innocence” as prescribed in Article 19. The purpose of the Act is to maintain
the order of the navigation of foreign ships in Japan’s territorial sea. Based on the
provisions of Article 18, Paragraph 2 of the UNCLOS, Article 3 of the Foreign
Ships Navigation Act states that “the navigation of foreign ships in territorial waters,
etc. …must be continuous and expeditious.” Such prescribes the general method of
navigation. Article 4, Paragraph 1 specifically stipulates that in territorial waters,
the masters of foreign ships may not conduct navigation that includes stopping,
anchoring, mooring, and wandering, except when it is necessary due to rough weather,
maritime accidents, or to avert other dangers. The revised Foreign Ships Navigation
Act was passed in 2012 (Act No. 71 of 2012) in response to an increase in foreign
ships conducting territorial claim activities in Japanese territorial sea in recent years.
In June 2010, the Act on Special Measures Concerning Cargo Inspections Etc.
Conducted by the Government Taking into Consideration the United Nations Security Council Resolution 1874, Etc. (Act No. 43 of 2010)
15 was passed as a domestic
law. It implemented Resolution 1874 which was adopted unanimously by the United
Nations Security Council for condemning the nuclear test by the Democratic People’s
Republic of Korea (DPRK). Furthermore, it tightened sanctions by blocking funding
for nuclear, missile and proliferation activities. This was achieved through targeted
of and Measures against Piracy, The Aegean Review of the Law of the Sea and Maritime Law, Vol.
1(2), pp. 243–245.
The Japanese Piracy Act makes acts of piracy under international law listed in Article 101 of
the UNCLOS crimes under Japanese domestic law as well, clarifies what types of acts under what
conditions are crimes under Japanese domestic law and how they are punished, allows punishment
of persons who commit acts of piracy regardless of their nationality as an exercise of universal
jurisdiction permitted by Article 105 of the UNCLOS, and is a law which aims at facilitating international cooperation by expanding the category of the ships to be protected by Japanese government
to include the ships of all nations. See Tsuruta Jun, 2011, pp. 237–245. Tsuruta Jun, 2013a, The
Guanabara Case - The First Prosecution of Somali Pirates under the Japanese Piracy Act, The International Journal of Marine and Coastal Law, Vol. 28(4), pp. 719–728., Tsuruta Jun (ed.), 2016,
Studies on the Japanese act on punishment of and measures against piracy (in Japanese), Tokyo:
Yushindo., Tsuruta Jun, 2018, The Sea Shepherd Case of 2007-2008: Interferences with Japanese
Vessels Whaling for “Researching” the Maritime Ecosystem, Meiji Gakuin law journal, Vol. 105,
pp. 195–213.
14 The Act on Special Measures Concerning the Guarding of Japanese Ships in Pirate-Infested
Waters is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?
lawId=425AC0000000075 (only in Japanese) (last accessed on May 20, 2020). The Act permits
Japanese ships navigating sea areas subject to piracy to guard themselves using small arms.
15 The Act on Special Measures Concerning Cargo Inspections Etc. Conducted by the
Government Taking into Consideration the United Nations Security Council Resolution 1874,
Etc. is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?ope
nerCode=1&lawId=422AC0000000043_20150801_000000000000000 (only in Japanese) (last
accessed on May 20, 2020).
69
on Special Measures Concerning the Guarding of Japanese Ships in Pirate-Infested
Waters (Act No. 75 of 2013) enacted in November 2013.
14
To regulate the navigation of foreign ships that do not meet the criteria for innocent
passage in Japan’s territorial sea, the provisions in the Foreign Ships Navigation Act
focus on “passage” as prescribed in Article 18, Paragraph 2 of the UNCLOS, and
not on “innocence” as prescribed in Article 19. The purpose of the Act is to maintain
the order of the navigation of foreign ships in Japan’s territorial sea. Based on the
provisions of Article 18, Paragraph 2 of the UNCLOS, Article 3 of the Foreign
Ships Navigation Act states that “the navigation of foreign ships in territorial waters,
etc. …must be continuous and expeditious.” Such prescribes the general method of
navigation. Article 4, Paragraph 1 specifically stipulates that in territorial waters,
the masters of foreign ships may not conduct navigation that includes stopping,
anchoring, mooring, and wandering, except when it is necessary due to rough weather,
maritime accidents, or to avert other dangers. The revised Foreign Ships Navigation
Act was passed in 2012 (Act No. 71 of 2012) in response to an increase in foreign
ships conducting territorial claim activities in Japanese territorial sea in recent years.
In June 2010, the Act on Special Measures Concerning Cargo Inspections Etc.
Conducted by the Government Taking into Consideration the United Nations Security Council Resolution 1874, Etc. (Act No. 43 of 2010)
15 was passed as a domestic
law. It implemented Resolution 1874 which was adopted unanimously by the United
Nations Security Council for condemning the nuclear test by the Democratic People’s
Republic of Korea (DPRK). Furthermore, it tightened sanctions by blocking funding
for nuclear, missile and proliferation activities. This was achieved through targeted
of and Measures against Piracy, The Aegean Review of the Law of the Sea and Maritime Law, Vol.
1(2), pp. 243–245.
The Japanese Piracy Act makes acts of piracy under international law listed in Article 101 of
the UNCLOS crimes under Japanese domestic law as well, clarifies what types of acts under what
conditions are crimes under Japanese domestic law and how they are punished, allows punishment
of persons who commit acts of piracy regardless of their nationality as an exercise of universal
jurisdiction permitted by Article 105 of the UNCLOS, and is a law which aims at facilitating international cooperation by expanding the category of the ships to be protected by Japanese government
to include the ships of all nations. See Tsuruta Jun, 2011, pp. 237–245. Tsuruta Jun, 2013a, The
Guanabara Case - The First Prosecution of Somali Pirates under the Japanese Piracy Act, The International Journal of Marine and Coastal Law, Vol. 28(4), pp. 719–728., Tsuruta Jun (ed.), 2016,
Studies on the Japanese act on punishment of and measures against piracy (in Japanese), Tokyo:
Yushindo., Tsuruta Jun, 2018, The Sea Shepherd Case of 2007-2008: Interferences with Japanese
Vessels Whaling for “Researching” the Maritime Ecosystem, Meiji Gakuin law journal, Vol. 105,
pp. 195–213.
14 The Act on Special Measures Concerning the Guarding of Japanese Ships in Pirate-Infested
Waters is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?
lawId=425AC0000000075 (only in Japanese) (last accessed on May 20, 2020). The Act permits
Japanese ships navigating sea areas subject to piracy to guard themselves using small arms.
15 The Act on Special Measures Concerning Cargo Inspections Etc. Conducted by the
Government Taking into Consideration the United Nations Security Council Resolution 1874,
Etc. is available at https://elaws.e-gov.go.jp/search/elawsSearch/elaws_search/lsg0500/detail?ope
nerCode=1&lawId=422AC0000000043_20150801_000000000000000 (only in Japanese) (last
accessed on May 20, 2020).