Japanese Maritime Security and Law of the Sea (International Law in Japanese Perspective, 14)

"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 is the first title to provide a comprehensive and detailed analysis on these themes in English, examines Japan's domestic laws and its approach to international law. The topics covered include Japan's claim over its maritime entitlement, policies on the use of force at sea, and the mandates of the Self-Defense Force and the Japan Coast Guard to use coercive measures in maritime zones and airspace, both in peacetime and in times of emergency"-- Provided by publisher Half Title Series Information Title Page Copyright Page Contents Acknowledgements List of Maps Abbreviations Table of Authorities Editorial Notes Japanese Legal Materials Introduction 1 Unilateral Pacifism in Japanese National Security Laws 1.1 Unilateral Pacifism 1.2 The Administrative Structure of the Japanese Government 1.3 Changes in International and Regional Relations 2 The Path to “Internationalism” 3 Structure of the Book Chapter 1 Use of Weapons at Sea Introduction 1 The Basis of Japanese National Security Law 1.1 Constitutional Limits 1.2 The Structure of the Self-Defense Forces Act 1.3 A Brief History of the Development of the Concept of the Use of Weapons 2 Legality of the Coercive Measures at Sea under International Law 3 Use of Weapons at Sea 3.1 The Role of the Japan Coast Guard 3.1.1 Mandates of the jcg 3.1.2 Practice 3.2 Maritime Security Operations 3.2.1 Mandates of the jmsdf 3.2.2 Practice 3.4 Gray Zone Situations Conclusion Chapter 2 Use of Force at Sea Introduction 1 The Right of Self-Defense 1.1 Use of Force 1.2 Armed Attack 1.3 Right of Collective Self-Defense 2 The sdf’s Authority to Inspect Foreign Vessels beyond the Japanese Territorial Sea 2.1 Inspection of the Vessels under the Surrounding Situation Act 2.2 Act Concerning Maritime Transportation Regulation of Foreign Military Vessels 3 Remaining Challenges 3.1 The Regulation of sdf Personnel During Operations 3.1.1 Criminal Responsibility for the sdf’s Conduct under Foreign or International Criminal Laws 3.1.2 Rights and Obligations of sdf Personnel Participating in an International Armed Conflict 3.2 The jcg’s Status During an International Armed Conflict Conclusion Chapter 3 Territorial Sea Introduction 1 Legislative History 1.1 From the Nineteenth Century to the Hague Conference of 1930 1.2 The First and the Second United Nations Conferences on the Law of the Sea 1.3 Japan’s Enactment of Its First Domestic Law on the Territorial Sea in 1977 1.4 The Third Conference on the Law of the Sea 1.5 Japan’s Ratification of unclos and Its Domestic Legislation of 1996 2 The Innocent Passage Regime in Japan 2.1 An Overview 2.2 Continuous and Expeditious Passage 2.3 Innocent Passage 2.3.1 Warships 2.3.2 Ships Carrying Hazardous Materials 2.3.3 Ships with Nuclear Weapons 2.3.3.1 The Non-Nuclear Principles 2.3.3.2 The Yoron Island Submarine Incident of 1980 2.4 Submerged Vessels 3 The Right of Protection for the Coastal State 3.1 Private Vessels 3.2 Warships and Government Ships 3.3 Japan’s Options in the Territorial Waters of the Senkaku Islands Conclusion Chapter 4 Straits Introduction 1 Designated Areas 1.1 Legislative History 1.2 Selection of the Five Designated Areas 1.3 Designated Areas and Neighboring States 1.3.1 Sōya Strait and Russia 1.3.2 Tsushima Strait and the Republic of Korea 2 Straits Covered by Territorial Seas Conclusion Chapter 5 Exclusive Economic Zone, Continental Shelf, and Islands Introduction 1 Exclusive Economic Zone and Continental Shelf 1.1 Domestic Laws 1.1.1 Legislative History and Japan’s Position in the Development of the International Law of the Sea 1.1.1.1 unclos i and the Continental Shelf Convention 1.1.1.2 unclos iii 1.1.1.3 The Enactment of Domestic Laws 1.1.2 The Implementation of unclos 1.1.3 Overlapping Areas in the Sea of Japan and the East China Sea 1.2 Military Activities within the eez 1.2.1 Military Activities in General 1.2.2 Marine Data Collection Activities in the eez 1.3 Islands 1.3.1 unclos Article 121 1.3.2 The Japanese Government’s Position 1.3.3 Management of the Islands 2 Maritime Boundary Disputes and Provisional Arrangements with Neighboring States 2.1 The Republic of Korea 2.1.1 Fishery Management 2.1.2 Continental Shelf 2.2 China 2.2.1 Fishery Management 2.2.2 Continental Shelf 2.3 The Soviet Union / Russia 2.4 Taiwan 2.5 Summary Conclusion Chapter 6 Air Defense Introduction 1 Territorial Air Defense in Japan 1.1 The Background 1.2 The Use of Weapons against an Aircraft Intruding into Japanese Territorial Air 1.3 Practices 2 Ballistic Missile Defense 2.1 The Background 2.2 sdf Act Article 82-3 3 Air Defense Identification Zone Conclusion Chapter 7 Protecting the Sea Lanes of Communication Introduction 1 Sea Lanes Defense 1.1 The Development of the Sea Lanes Defense 1.2 Deployment of the jmsdf to Counter Security Threats at Sea 2 Unexpected Encounters at Sea 3 Anti-Piracy Operations 3.1 The Development of International Anti-Piracy Cooperation 3.2 Act on Punishment of and Measures against Piracy of 2009 Conclusion Chapter 8 The Use of Civilian Assets for National Security Management Introduction 1 Historical Backgrounds 2 Chartering a Civilian Vessel in Time of Emergency 2.1 The Gulf War and the Use of Civilian Vessels and Aircraft 2.2 The mod’s Chartering of Nacchan World and Hakuou 2.3 The Vessels at a Time of Natural Disaster and a National Security Emergency 3 Navigation Order under the Marine Transportation Act 4 Securing the Japanese Flags Conclusion Conclusions Bibliography Index