70
J. Tsuruta
sanctions on additional goods, persons and entities, widening the ban on arms
imports-exports. United Nations Member States were also called to inspect all banned
cargo to and from that country on the high seas, at seaports and airports—if they have
reasonable grounds to suspect a violation.
Since the Basic Act on Ocean Policy was enacted in 2007, Japanese laws in
relation to “maritime safety and security” have much progressed.
4.3 Significance of Arrangement of Laws for Implementing
the UNCLOS in Japan
When Japan arranges the domestic laws to regulate the specific activities of private
individuals by implementing the rights and obligations of State parties recognized
under the UNCLOS, Japan’s administrative agencies can exercise jurisdiction based
on the said laws. To implement them, Japan can exercise administrative jurisdiction through questioning during on-site inspections. When activities violate the
laws, Japan can also exercise the criminal jurisdiction through investigation, arrest,
confiscation, custody, referral, and prosecution.
For example, when foreign nationals conduct fishing activities in Japan’s territorial
sea, authorities can take measures against them based on the Act on Regulation
of Fishing Operation by Foreign Nationals (Act No. 60 of 1967) which. This act
prohibits fishing activities by foreign nationals in Japan’s territorial sea.
16 Moreover,
in cases where foreign ships stop in Japan’s territorial sea without prior notification
to the Government of Japan, the authorities can take measures against them based
on the Foreign Ships Navigation Act.
However, what happens when the domestic laws implementing the rights and
obligations recognized under the UNCLOS have not been arranged?
Under the Japanese domestic legal system, there are some laws and regulations
which presume that Japan has the right of hot pursuit under international law (i.e.,
Articles 3 and 5 of the 1996 Territorial Sea Act, Article 3 of the EEZ Act).
17 Furthermore, there are also detailed provisions regarding the right to exercise hot pursuit
(i.e., Article 14 of the Ordinance for Enforcement of the Law on the Exercise of
the Sovereign Right for Fishery, Etc. in the Exclusive Economic Zone (Order of
the Ministry of Agriculture, Forestry and Fisheries No. 33 of July 15, 1996).
18 )
However, there is no domestic law that prescribes Japan has the right of hot pursuit
16 English translation of the Act on Regulation of Fishing Operation by Foreign Nationals is available at http://www.japaneselawtranslation.go.jp/law/detail/?id=3228&vm=04&re=01&new=1 (last
accessed on May 20, 2020).
17 See Tsuruta Jun, 2013b, Japanese Laws and Regulations for Enforcing the Public Duty Performance at Sea against Foreign Ships, Journal of East Asia and International Law, Vol. 6(1),
pp. 268–273.
18 English translation of the Ordinance for Enforcement of the Law on the Exercise of the Sovereign
Right for Fishery Etc. in the Exclusive Economic Zone is available at http://www.japaneselawtran
slation.go.jp/law/detail/?id=3273&vm=04&re=01&new=1 (last accessed on May 20, 2020).
J. Tsuruta
sanctions on additional goods, persons and entities, widening the ban on arms
imports-exports. United Nations Member States were also called to inspect all banned
cargo to and from that country on the high seas, at seaports and airports—if they have
reasonable grounds to suspect a violation.
Since the Basic Act on Ocean Policy was enacted in 2007, Japanese laws in
relation to “maritime safety and security” have much progressed.
4.3 Significance of Arrangement of Laws for Implementing
the UNCLOS in Japan
When Japan arranges the domestic laws to regulate the specific activities of private
individuals by implementing the rights and obligations of State parties recognized
under the UNCLOS, Japan’s administrative agencies can exercise jurisdiction based
on the said laws. To implement them, Japan can exercise administrative jurisdiction through questioning during on-site inspections. When activities violate the
laws, Japan can also exercise the criminal jurisdiction through investigation, arrest,
confiscation, custody, referral, and prosecution.
For example, when foreign nationals conduct fishing activities in Japan’s territorial
sea, authorities can take measures against them based on the Act on Regulation
of Fishing Operation by Foreign Nationals (Act No. 60 of 1967) which. This act
prohibits fishing activities by foreign nationals in Japan’s territorial sea.
16 Moreover,
in cases where foreign ships stop in Japan’s territorial sea without prior notification
to the Government of Japan, the authorities can take measures against them based
on the Foreign Ships Navigation Act.
However, what happens when the domestic laws implementing the rights and
obligations recognized under the UNCLOS have not been arranged?
Under the Japanese domestic legal system, there are some laws and regulations
which presume that Japan has the right of hot pursuit under international law (i.e.,
Articles 3 and 5 of the 1996 Territorial Sea Act, Article 3 of the EEZ Act).
17 Furthermore, there are also detailed provisions regarding the right to exercise hot pursuit
(i.e., Article 14 of the Ordinance for Enforcement of the Law on the Exercise of
the Sovereign Right for Fishery, Etc. in the Exclusive Economic Zone (Order of
the Ministry of Agriculture, Forestry and Fisheries No. 33 of July 15, 1996).
18 )
However, there is no domestic law that prescribes Japan has the right of hot pursuit
16 English translation of the Act on Regulation of Fishing Operation by Foreign Nationals is available at http://www.japaneselawtranslation.go.jp/law/detail/?id=3228&vm=04&re=01&new=1 (last
accessed on May 20, 2020).
17 See Tsuruta Jun, 2013b, Japanese Laws and Regulations for Enforcing the Public Duty Performance at Sea against Foreign Ships, Journal of East Asia and International Law, Vol. 6(1),
pp. 268–273.
18 English translation of the Ordinance for Enforcement of the Law on the Exercise of the Sovereign
Right for Fishery Etc. in the Exclusive Economic Zone is available at http://www.japaneselawtran
slation.go.jp/law/detail/?id=3273&vm=04&re=01&new=1 (last accessed on May 20, 2020).