4 Japanese Implementation of the United Nations Convention …
73
for implementing the UNCLOS in light of the JCG Act, which is a law providing the
legal grounds for exercising jurisdiction at sea.
The JCG Act combines what are referred to as organizational law and functional
law with stipulations of the “purposes of establishment” in Article 1, “duties” in
Article 2, and “affairs under its authority” in Article 5.
Article 2, Paragraph 1 of the JCG Act makes the following provisions regarding
the “duties” of the Japan Coast Guard (hereinafter, “JCG”).
“The Japan Coast Guard shall, for the purpose of ensuring safety and order at sea,
perform the duties concerning enforcement of laws and regulations at sea, maritime
search and rescue, prevention of maritime pollution, maintenance of the order of
vessels’ navigation at sea, prevention and suppression of crimes at sea, detection and
arrest of criminals at sea, regulation of vessels’ traffic at sea, services concerning
waterways and aids to navigation, other services for ensuring maritime safety and
the services concerning matters incidental thereto.”
Article 2, Paragraph 1 of the JCG Act has been formulated to “perform the duties
concerning enforcement of laws and regulations at sea.” The Article provides the
grounds for the JCG to exercise administrative enforcement jurisdiction at sea. The
“laws and regulations” in the Article broadly mean the domestic laws of Japan
(however, they do not include the treaties and other international agreements incorporated into Japan’s domestic legal system). The “enforcement of laws and regulations
at sea” is also included in Article 5 describing the authority of JCG officers. This can
be interpreted as a provision that comprehensively stipulates JCG officers’ authority
to enforce laws and regulations. This type of provision arose because the JCG Act
adopted the U.S. Coast Guard framework for enforcing laws at sea.
Also, the “prevention and suppression of crimes at sea” in Article 2, Paragraph 1
of the JCG Act corresponds to exercising administrative enforcement jurisdiction for
the prevention crimes at sea. When crimes have occurred, administrative enforcement
jurisdiction is likewise exercised to minimize harm and prevent their expansion.
Furthermore, the “detection and arrest of criminals at sea” in Article 2, Paragraph 1
of the JCG Act corresponds to exercising criminal enforcement jurisdiction through
the detection of crimes and arrest of criminals. The Code of Criminal procedure
regulates the exercise of these authorities. Article 31, Paragraph 1 of the JCG Act
states, “In regard to crimes committed at sea, JCG officers and assistant officers
shall, as prescribed by the Commandant of the Japan Coast Guard, perform the
duties of a police official as provided by the Code of Criminal Procedure.” The
“crimes committed at sea,” which are subject to the exercise of criminal enforcement
of jurisdiction by JCG officers, are limited to crimes committed “at sea.” However,
the law places no limitations on the nature of these “crimes.”
Consequently, in cases where laws are arranged for implementing the UNCLOS,
such laws have the significance of enabling the exercise of enforcement jurisdiction at
sea with the explicit legal grounds in both organizational and functional means. These
include: “enforcement of laws and regulations at sea,” “prevention and suppression
of crimes at sea,” and “detection and arrest of criminals at sea” in Article 2, Paragraph
1 of the JCG Act. However, what happens then in cases when such laws are not yet
arranged for implementing the UNCLOS?
73
for implementing the UNCLOS in light of the JCG Act, which is a law providing the
legal grounds for exercising jurisdiction at sea.
The JCG Act combines what are referred to as organizational law and functional
law with stipulations of the “purposes of establishment” in Article 1, “duties” in
Article 2, and “affairs under its authority” in Article 5.
Article 2, Paragraph 1 of the JCG Act makes the following provisions regarding
the “duties” of the Japan Coast Guard (hereinafter, “JCG”).
“The Japan Coast Guard shall, for the purpose of ensuring safety and order at sea,
perform the duties concerning enforcement of laws and regulations at sea, maritime
search and rescue, prevention of maritime pollution, maintenance of the order of
vessels’ navigation at sea, prevention and suppression of crimes at sea, detection and
arrest of criminals at sea, regulation of vessels’ traffic at sea, services concerning
waterways and aids to navigation, other services for ensuring maritime safety and
the services concerning matters incidental thereto.”
Article 2, Paragraph 1 of the JCG Act has been formulated to “perform the duties
concerning enforcement of laws and regulations at sea.” The Article provides the
grounds for the JCG to exercise administrative enforcement jurisdiction at sea. The
“laws and regulations” in the Article broadly mean the domestic laws of Japan
(however, they do not include the treaties and other international agreements incorporated into Japan’s domestic legal system). The “enforcement of laws and regulations
at sea” is also included in Article 5 describing the authority of JCG officers. This can
be interpreted as a provision that comprehensively stipulates JCG officers’ authority
to enforce laws and regulations. This type of provision arose because the JCG Act
adopted the U.S. Coast Guard framework for enforcing laws at sea.
Also, the “prevention and suppression of crimes at sea” in Article 2, Paragraph 1
of the JCG Act corresponds to exercising administrative enforcement jurisdiction for
the prevention crimes at sea. When crimes have occurred, administrative enforcement
jurisdiction is likewise exercised to minimize harm and prevent their expansion.
Furthermore, the “detection and arrest of criminals at sea” in Article 2, Paragraph 1
of the JCG Act corresponds to exercising criminal enforcement jurisdiction through
the detection of crimes and arrest of criminals. The Code of Criminal procedure
regulates the exercise of these authorities. Article 31, Paragraph 1 of the JCG Act
states, “In regard to crimes committed at sea, JCG officers and assistant officers
shall, as prescribed by the Commandant of the Japan Coast Guard, perform the
duties of a police official as provided by the Code of Criminal Procedure.” The
“crimes committed at sea,” which are subject to the exercise of criminal enforcement
of jurisdiction by JCG officers, are limited to crimes committed “at sea.” However,
the law places no limitations on the nature of these “crimes.”
Consequently, in cases where laws are arranged for implementing the UNCLOS,
such laws have the significance of enabling the exercise of enforcement jurisdiction at
sea with the explicit legal grounds in both organizational and functional means. These
include: “enforcement of laws and regulations at sea,” “prevention and suppression
of crimes at sea,” and “detection and arrest of criminals at sea” in Article 2, Paragraph
1 of the JCG Act. However, what happens then in cases when such laws are not yet
arranged for implementing the UNCLOS?