Friday, September 9, 2011

09/09 Law revisions necessary to halt maritime intrusions

The Yomiuri Shimbun

There is no end of trouble with China over Japan's territorial waters. To protect our territorial waters, it is necessary to review the relevant laws and improve the monitoring system.

One year has passed since a Chinese fishing boat collided with two Japan Coast Guard vessels in Japanese waters near the Senkaku Islands in the East China Sea.

The administration of then Prime Minister Naoto Kan fell into disarray over how to deal with the issue and was later criticized for shirking its responsibility. The new administration under Prime Minister Yoshihiko Noda needs to take more sufficient measures.

The JCG has compiled a report on how the nation's maritime policing authority should be adjusted to better deal with such incidents.

A key point is a revision of the relevant law that would empower the JCG to promptly issue expulsion orders to foreign fishing boats and cargo ships illegally entering Japan's territorial waters.

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Expedite expulsions

Under the present law concerning the navigation of foreign vessels in Japanese waters, it is necessary for the JCG to make an on-the-spot inspection of a vessel before issuing an expulsion order. This requirement would make it extremely difficult for the JCG to act swiftly if a large number of vessels entered the nation's territorial waters simultaneously.

The report recommended studying the idea of empowering the JCG to issue expulsion orders without on-the-spot inspections to vessels that it strongly suspects of having intruded into territorial waters.

In addition to taking into custody those involved in illegal acts, emphasis should also be placed on preventing intrusions in the first place, the report noted.

As long as such illegal acts as those involving Chinese trawlers or vessels of other countries are expected to increase, it is reasonable to revise the relevant laws.

The report also concluded that it is necessary to swiftly update the JCG's equipment to reinforce the monitoring system for such areas as those near the Senkaku Islands.

As long as the present situation continues, in which about one-quarter of its patrol vessels are out of date, it is impossible for the JCG to control Chinese fishing boats, which are being upgraded and sail faster.

In addition to the points noted by the report, there are many other issues that need to be addressed.

It is essential to reinforce cooperation and improve joint drills between the JCG and the Self-Defense Forces, which attach great importance to the protection of the Nansei Islands.

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Diplomatic constraints

Also to be tested is the diplomatic power of the Japanese government. This is because under international law the government cannot use the same enforcement methods against foreign government ships, such as China's fishing patrol vessels and maritime research ships, that it uses against private vessels.

Late last month, two Chinese fishing patrol vessels entered Japanese territorial waters near the Senkaku Islands. It is only natural that the Japanese government lodged a protest with China about this provocative act. It is necessary for Japan to point out China's faults every time such an act occurs, to urge China to restrain itself.

It is also important for Japan to make efforts to boost its effective control over its own territorial waters. One such measure, for instance, would be to conduct meteorological observations at the Senkaku Islands regularly.

In a soon-to-be-published monthly magazine, Noda writes, "To protect integral parts of Japan, we must say what must be said and take what actions must be taken."

Appropriate preparations concerning the territorial issues will enhance the people's trust in the new administration.

(From The Yomiuri Shimbun, Sept. 8, 2011)

(Sep. 9, 2011)

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