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Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.
Since the late 1990s, the Japan Coast Guard (JCG) has countered a myriad of 'outlaw' threats at sea including piracy, terrorism, the proliferation of Weapons of Mass Destruction (WMD) and the threat posed by 'rogue states'. Japan's innovative strategy has transformed maritime security governance in Southeast Asia and beyond.
This is the first major English-language study to explore the broad and longstanding connections between Japan’s national security and the safety of its sea lanes. Tracing issues from pre-and post-1945 eras, the book explores how Japan’s concerns with sea lane protection have developed across such diverse fields as military strategy, diplomacy, trade policy, energy security, and law enforcement. Drawing upon case study material and primary research including interviews with officials and security analysts, the book presents a chronological analysis of Japan’s sea lane security. While Japan’s security policies have recently undergone relatively rapid change, a historical treatment of sea lane security issues reveals long-term continuity in security policymakers’ perceptions and responses regarding Japan's defence and foreign policy. Revealing a neglected but important aspect of Japan’s military and economic security, the book investigates why officials and analysts continue to portray the defence of Japan’s sea lanes as ‘a matter of life and death’.
The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.
In the twenty-first century, the Indo-Pacific, which spans from the western Pacific Ocean to the western Indian Ocean along the eastern coast of Africa, has emerged as a crucial geostrategic region for trade, investment, energy supplies, cooperation, and competition. It presents complex maritime security challenges and interlocking economic interests that require the development of an overarching multilateral security framework. This volume develops common approaches by focusing on geopolitical challenges, transnational security concerns, and multilateral institution-building and cooperation. The chapters, written by a cross-section of practitioners, diplomats, policymakers, and scholars from the three major powers discussed (United States, China, India) explain the opportunities and risks in the Indo-Pacific region and identify specific naval measures needed to enhance maritime security in the region. Maritime Security in the Indo-Pacific opens by introducing the Indo-Pacific and outlining the roles of China, India, and the United States in various maritime issues in the region. It then focuses on the security challenges presented by maritime disputes, naval engagement, legal issues, sea lanes of communication, energy transport, humanitarian assistance and disaster relief, as well as by nontraditional threats, such as piracy, terrorism, and weapons proliferation. It compares and contrasts the roles and perspectives of the key maritime powers, analyzing the need for multilateral cooperation to overcome the traditional and nontraditional challenges and security dilemma. This shows that, in spite of their different interests, capabilities, and priorities, Washington, Beijing and New Delhi can and do engage in cooperation to deal with transnational security challenges. Lastly, the book describes how to promote maritime cooperation by establishing or strengthening multilateral mechanisms and measures that would reduce the prospects for conflict in the Indo-Pacific region.
Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.
Drawing upon case study material and primary research, including interviews with officials and security analysts, the book presents a chronological analysis of Japan's sea lane security.
Recently, Japan's security environment has experienced rapid changes. One especially significant recent development is China's increasing reliance on its coast guard and fishing vessels to assert its contested sovereignty claims in the East and South China Seas. In particular, China's use of non-military forces to make territorial claims on the Senkaku Islands (Diaoyu Islands in Chinese), which Japan ministers, presents a major deterrence challenge for Japan and its traditional security system, such as the Japan Self-defense Force and the U.S.-Japan security alliance system. One key aspect of Tokyo's response to this challenge has been an increased role for Japan's non-military coast guard in territorial security. he increasingly important role of Japan Coast Guard (JCG) in Japan's national security is the latest development in a more than seventy-year story of incremental evolution-one which has not received much attention in the existing literature. This thesis aims to help fill that gap. After a historical review of the JCG's predecessor institutions throughout the post-WWII period, the thesis engages the following contemporary questions: How has the JCG's role evolved in the Post-Cold War period, including as a leader of regional security cooperation in Southeast Asia? Also, how and why Japan's political leaders placed the JCG on the front lines of non-military security threats in the 21st century? During the U.S. Occupation (1945-1952), the Maritime Safety Agency (MSA), the precursor to the JCG, was established to fill Japan's maritime security vacuum. After the occupation, it was separated from Japan's remilitarization process and served as a law enforcement agency. During the Cold War, Japan's rapid economic growth resulted in a surge of maritime traffic volume and required the MSA to prepare measures for environment protection and a maritime traffic management system. When the UN Convention on the Law of the Sea became effective in 1982, the expansion of Japan's maritime sphere largely reinforced the international cooperation system and long-distance operation capability of the MSA. With the security environment in East Asia rapidly changing since the end of the Cold War, the MSA (renamed as Japan Coast Guard (JCG) in 2000) has come to play an increasingly central role in Japan's rapidly evolving national security strategy. First, suspicious ship incidents from North Korea in 1999 and 2001 provided concrete examples of non-traditional/non-military threats to Japan's territorial security. Later, and especially since 2010, China's 'gray-zone strategy,' by which it uses its coast guard and fishing vessels to assert controversial sovereignty claims, has presented major new challenges for Japan's ability to maintain deterrence while minimizing escalation risks. In response, Japan has invested significantly in strengthening the JCG, while limiting direct cooperation with the Japan Self-defense Force. Specifically, the Japanese government has invested heavily in strengthening JCG's equipment and capability by increasing its budget and amending the Japan Coast Guard law. Second, as non-traditional security threats and concerns about China's policies in the South China Sea have grown, Japan's leaders have also emphasized multilateral cooperation with the law-enforcement agencies of various Southeast Asian countries to maintain stability.
This text provides valuable insight into a number of contemporary and pressing issues concerning the world's oceans and their management.
In Maritime Power and the Law of the Sea: Expeditionary Operations in World Politics, Commander James Kraska analyzes the evolving rules governing freedom of the seas and their impact on expeditionary operations in the littoral, near-shore coastal zone. Coastal state practice and international law are developing in ways that restrict naval access to the littorals and associated coastal communities and inshore regions that have become the fulcrum of world geopolitics. Consequently, the ability of naval forces to project expeditionary power throughout semi-enclosed seas, exclusive economic zones (EEZs) and along the important sea-shore interface is diminishing and, as a result, limiting strategic access and freedom of action where it is most needed. Commander Kraska describes how control of the global commons, coupled with new approaches to sea power and expeditionary force projection, has given the United States and its allies the ability to assert overwhelming sea power to nearly any area of the globe. But as the law of the sea gravitates away from a classic liberal order of the oceans, naval forces are finding it more challenging to accomplish the spectrum of maritime missions in the coastal littorals, including forward presence, power projection, deterrence, humanitarian assistance and sea control. The developing legal order of the oceans fuses diplomacy, strategy and international law to directly challenge unimpeded access to coastal areas, with profound implications for American grand strategy and world politics.