Japan is a maritime nation. Surrounded by the sea, Japanese history cannot be separated from the existence of the sea. The sea has been the most significant and indispensable route for our food, trade, communication, security, and so forth. Thus, Japan has emphasized the stability of the maritime space.

This stability is not only for Japan. All countries using the sea should have the same entitlements. The 1982 UNCLOS seeks to “contribute to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights.” This equality, however, is difficult to be maintained, depending on the power balance of the countries pertaining to the sea.

In this context, the Research Institute for Peace and Security has decided to issue this bi-weekly newsletter on Japan’s territorial sovereignty and the stability of maritime order. The Japanese government has upheld the rule-based international order built upon the principle of “the rule of law.” Within this framework, it has claimed the legal justice of sovereignty over the Northern Territories and Takeshima which have illegally been occupied by Russia (the Soviet Union) and South Korea respectively. Also, it has legally maintained its effective control over the Senkaku Islands although Japan’s claim for the territorial integrity has recently been jeopardized by China’s behaviors seeking to alter the status quo by force and coercion.

This newsletter has two purposes. One is to promote the international public understanding on Japana’s legal justice of claiming the territorial integrity of the three islands, and how the territorial integrity, particularly relating to the Senkaku Islands, has been jeopardized. The other is to help international experts discuss the should-be maritime order by providing useful data and information. The stable maritime order can be maintained by complying with the international legal frameworks which are established on accumulated customs and wisdom of mankind and must be followed in good faith by all countries.

Different from land where the ownership of a territory cannot legally be trespassed by other countries, there is a part of maritime areas existing for a common use of all countries. Even within territorial waters, innocent passages are allowed. Thus, the sea has wider areas to be used for transportation. This blurred line between ownership and usage of maritime areas has caused various problems. First, the concept of ownership can be seen as an extension of land. Territorial waters as well as exclusive economic zones (EEZs) are in this category. The broader areas a country controls, the more benefits it gains. The reason why island territories become disputes of nations is that the breadth of the territories directly affects the that of the ocean. Coastal countries tend to emphasize this concept of ownership, which naturally has a characteristic of the “zero-sum game.”

By contrast, during the negotiations process in preparing the UNCLOS, inland countries emphasized the public nature of the maritime space, which resulted in the making of a concept called the “high sea” for the use of all countries. However, for the stability of the maritime space, this “usage” concept should be delicately addressed. For instance, although Japan does not have any claim on the ownership of islands in the South China Sea, the area has been an indispensable sea lane for its maritime trade and transportation of important goods, including energy. The safe passage of vessels within the area is in the interest not only of Japan but also of all countries, and in fact a rising number of ships are currently passing through the South China Sea, and issues related to the security and safety of vessels there have recently attracted a wide attention.

The above two concepts are inseparable, and the established maritime order cannot be altered by force or coercion. Following the spirit of cooperation enshrined in the UNCLOS, this newsletter will provide readers with useful information regarding the status quo of Japan’s territorial integrity and the maritime security and stability around Japan.