As mankind moves into the 21st century, integrated policies of ocean governance are necessary for the sustainable development and use of our oceans and their resources and the protection of the marine environment.

　

 Towards this end, the Ship & Ocean Foundation has launched an "Institute for Ocean Policy", with the mission statement "Living in Harmony with the Oceans".

　

 The Institute for Ocean Policy aims to conduct cross-sectoral research in ocean related issues in order to initiate debate on marine topics and formulate both domestic and international policy proposals.

　

 We publish a Japanese-language newsletter called the "Ship & Ocean Newsletter" twice a month. The "Ship & Ocean Newsletter" seeks to provide people of diverse viewpoints and backgrounds with a forum for discussion and to contribute to the formulation of maritime policies to achieve coexistence between mankind and the ocean.

　

 Our Institute believes that the Newsletter can expand effective communication on these issues through its function as editor, publishing timely research and welcoming responses from readers, which might then be published in turn.

　

 "Ship & Ocean Newsletter Selected Papers No.2" is an English-language version of papers from the Japanese Newsletter edition, published from No.17(2001.4.20) to No.28(2001.10.5).

　

 It is our sincere hope that these Selected Papers will provide useful insights on policy debate in Japan and help to foster global policy dialogue on various issues.

　

　

■The Newsletter Editorial Committee

●Chief Editors

●Members

　

■Publisher

Excutive Director, Institute for Ocean Policy, Ship & Ocean Foundation

　

Kaiyo Senpaku Building, 1-15-16 Toranomon, Minato-ku, Tokyo, JAPAN 105-0001

Tel. 81-3-3502-1828/Fax. 81-3-3502-2033

E-mail. info@sof.or.jp

URL. http://www.sof.or.jp/index.html.en

　

　

　

 Shallow coastal areas have very delicate and complex natural ecosystems that are exemplified no more clearly than in the Ariake Sea, where nori (Japanese seaweed) production has been damaged by outbreaks of red tide. Furthermore, a variety of phenomenon exist linking coastal areas closely to the geography and geology of landforms. Progression is being made in the research of coastal erosion, deep-sea areas, oil spills and other coastal issues, but we must learn more about the ocean to further advance environmental conservation and development.

　

 Somewhat different to deep-sea regions, there are some people who believe that almost everything is known about the coastal areas that adjoin our land. However, the actual feelings of someone who has been involved in ocean research for far more than ten years, is that there are still many unknown and non-clarified pieces in the coastal region puzzle. Take for example the very well publicized damage to the nori (Japanese seaweed) industry in the Ariake Sea. The outbreak of such a crippling red tide portrays just how complicated, yet subtle, the ocean's natural functions can be.

 Hokkaido has a shoreline of 2,950km in length, which accounts for about 9% of the total length of Japan's coastline, and in comparison to the entirety of Japan its total area of 73,000m³ is strikingly similar in proportion, with its coastal regions being no deeper than 200 meters. In the surrounding area there is the Japan Sea through which the warm Tsushima Current moves north, the Okhotsk Sea where sea ice drifts south during winter and the Pacific Ocean down through which the nutrient filled Oyashio Current flows. In other words, three seas with totally different characteristics surround Hokkaido. In this relation and subject to the composition of rock on the seabed, the different sea currents and other varying factors, a large variety of terrain, sand, soil and other seabed sediment extend across the coastal zone of Hokkaido.

　

　

 In the coastal seas that were traditionally used for mainly fishing purposes, recently there has been a continual increase in a number of different facilities, through the expansion of ports, the construction of bridges, landfill projects and other activities. At the same time, the extension of breakwaters into offshore areas has changed the flow of currents offshore, the amount of sand carried into such regions and the wave actions in the area, resulting in parts of beaches being eroded away and other complex phenomenon unique to the ocean also being witnessed.

　

 The research institute where I work is an agency of the Hokkaido Prefectural Government, but is an organization that can't be found in other prefectural governments. Our main research areas are hot springs and underground water, volcano disasters, active faults, landslides, etc. In order to extend the knowledge built about land into coastal areas, in 1989 an "Ocean Affairs Department" was established and has been running through to this day.

 During this time we have been able to confirm a variety of geographic and geological phenomenon. Targeting the ocean surrounding Hokkaido while the seas are calm from June through October and through the cooperation of fishing trawlers (around 5 tons in size) requested at the site of each survey, we have been measuring geographic changes in terrain, carrying out sonic profiling surveys on the thickness and expanse of sand and sludge and stowing survey apparatus such as mud sampling equipment on board the vessels to take actual samples of the sand and sludge in the Hokkaido surrounds. In addition, we have also managed to survey deep-sea volcanoes that erupted some 40,000 years ago, the remains of volcanic craters and small-scale volcanic gas emissions, active faults on the seabed that extend from land and the developments of submarine valleys.

 Some tens or hundreds of thousand years ago, the rise and fall of the sea level occurred a number of times as a result of changes in climate and there were periods when much of the earth was covered in seawater and also times when many sea floors were part of land. We classify land and ocean on earth by whether it is covered by air or water, but the geological formation of stratum, rocks, etc. in coastal areas between land and sea extends continuously and no geological boundary exists. If you take this approach, land and sea are completely equivalent targets of research and survey. On land there are traces of the ocean and on the seafloor there exist traces of land, both of which provide us with many challenging research topics. I believe that research on the ocean should be approached by regarding the impacts and happenings on land as being unified with the ocean.

　

 I would now like to present three remarks based on from the research of the Department of Marine Geoscience of our research institute.

 The first is that of coastal erosion. In recent years, it has been extremely regrettable to see erosion thinning our beaches, manmade coastlines fixed in concrete spreading throughout our country and the expanse of our natural resources gradually declining, even in Hokkaido, which boasts of its plentiful natural features. By nature, beaches are formed through a delicate balance between the supply and loss of sand into coastal areas. If there is insufficient supply of sand or excess loss of it, then naturally beaches are going to retreat or disappear. There may well be some negative aspects to securing the supply of sediment, such as productive land being run down and oceans being contaminated by the washing out of river deposits. However, is it not more important that a suitable amount of sand is supplied to preserve our coastline? Whatever be the answer, observing these changes from a long-term perspective, and making efforts to clarify the complex mechanisms involved, will surely help in the prevention of erosion phenomena.

 The second of my comments is on the utilization of deep-sea water reserves that are currently at the center of attention. In Hokkaido, the towns of Kumaishi, Iwanai and Rausu have put together action plans and are presently actively involved in the exploitation of such water resources. Amongst these activities, in the offshore region between Kumaishi and lwanai there is a natural valley configuration that is very advantageous for pumping up deep-sea mineral water, because the seabed falls away very sharply just off the coastline and only a short pipeline is required. By making sonic profiling surveys, we were able to investigate the detailed formation and geographic features of the underwater valley, which was very important for deciding on the site for extraction and constructing the pipeline itself. We are also trying to maintain an accurate understanding of the change in nutrients, as a consequence of changes in season and depth, that is an important requirement for the sustained utilization of these resources into the future.

 The last remark I would like to make is concerned with our research into the coastlines affected by oil spills. In January of 1997, an unforgettable happening was recorded when the Russian registered flagship "Nakhodka" was grounded off the coast of Fukui. Alongside those involved in the oil production activities in Sakhalin, the coastal region of Hokkaido didn't just regard this accident as the affairs of another nation, but in fact has requested more sufficient preparedness towards such potential disasters. In the United States and Canada that experienced the 1989 oil spill off the coast of Alaska, research into how the oil that was cast ashore by the accident has been permeated or remained in beach sand and gravel is being actively undertaken. The infiltration and retention of the oil differs between fine grains of sand and coarse gravel found in the coastal area, and clarifying the characteristics of such coastal sediment is a very beneficial reference for planning clean up operations on polluted beaches. Furthermore, by portraying the remaining amount of oil on coastline maps, based on the geographic features and sediment composition of the area, further attempts are being made to help in addressing future disasters.

　

　

 Various interesting phenomenon also exist in the narrow coastal regions of Hokkaido, and for Japan as a whole, which has such limited land resources, we can rightfully expect furthered developments in the utilization of its coastal zone to continue into the future, through the use of advanced technology. However, in order to accomplish this and effectively utilize the coastal zone for aqua-cultural activities, the construction of seaside facilities and other similar activities, we need to know more about the oceans. Moreover, we must also improve our understanding of the hazardous nature of both ocean and sediment pollution and move to treat the oceans with the respect that they deserve. I believe that, through the continuation of scientific research and the wide dissemination of its outcomes, furthered understanding of the oceans needs to be gained from both the environmental preservation and development perspectives. Understanding the ocean is the first step towards treating it with respect.

　

　

 Increasing incidence of Piracy and armed robbery against ships are being reported in the Southeast Asian Seas. In addition to the measures taken up to now, more effective measures need to be taken through local legislation in the relevant countries and ASEAN regional cooperation.

　

 According to the 73rd session report of the International Maritime Organization's (IMO) Maritime Safety Committee (MSC),there have been 2,017 reported cases of piracy or armed robbery at sea between 1984 and October of 2000, and in recent times the frequent occurrence of such crime in Southeast Asian waters is apparent. According to the International Maritime Bureau(IMB), of the 467 cases reported in 2000(including attempted piracy or armed robbery), the 119 cases in surrounding Indonesia and 75 cases in the Malacca Straits, make up nearly half of the reports for the entire world. Aside from the number of attacks, while the robbery of money, goods, equipment and crew's belongings were the most dominant forms of pirating, there were also 8 reports of vessels being seajacked in their entirety and even one case of the intruders changing into the uniforms of officials in order to complete their act. The occurrence of such incidents is not only on the increase, but presently there is also little promise that the situation can be controlled.

 The analysis of pirating data shows that a large part of the criminal conduct occurs in straits that are used for international navigation, or within harbor limits and territorial seas. From the point of view of the people committing these crimes and those unfortunate to be on the receiving end of their acts, it doesn't really make any difference where the acts of criminal conduct occur. However, when it comes to catching the criminals, obtaining sufficient evidence for prosecution and administering the correct sentences in court, suddenly the location of the crime and the position of the vessel attacked become very important. Under international law, any state can seize a ship and commit the offenders to punishment in that country, if the act is deemed to be piracy in high seas (Articles 101 and 105 of the United Nations Convention of the Law of the Sea). However, criminal acts within the harbor limits and territorial waters aren't officially recognized as acts of piracy, but are classified differently as acts of "Armed Robbery against Ships". Therefore, as long as acts of criminal conduct occur within internal or territorial waters of a littoral country, unless there are special grounds for provision under international law, the entire responsibility for the enforcement and prosecution of such acts fall on the particular littoral country in which the crime occurred, and no other countries are allowed to enter the picture.

　

 It is often pointed out that the background to piracy and armed robbery in the Southeast Asian Seas lies in the social and economic situation of the region, but as far as direct measures towards piracy are concerned, efforts are currently concentrated around the self-defense measures of the vessels that pass through the region and the strengthening of sea patrols by the relevant countries. Up until the present, the Piracy Reporting Center (PRC) of the International Chamber of Commerce (ICC)/IMB has carried out the important role of fielding reports of piracy and off their own backs ships operating in the region have increased surveillance activities in an attempt to prevent attacks. Singaporean authorities and the Malaysian Marine Police Force have also increased their patrols, but the area that requires surveillance has obviously proved to be too large, and subsequent improvement in the situation has yet to be seen.

　In May of 1995 IMO established the "Recommendations to Governments for Preventing and Compressing Acts of Piracy and Armed Robbery against Ships" (MSC/Circ. 622, revised in May, 1999), which stipulates the necessity for the formation of action plans by littoral countries, shipping countries and flag states, the need to carry out investigations on acts of criminal conduct and to prosecute those involved in accordance with domestic law, and the requirement for the formulation of agreements between countries in the regions of high incidence. Likewise, the formulation of the "Guidance for Ship Owners and Ship Operators, Shipmasters and Crews on Preventing and Suppressing Acts of Piracy and Armed Robbery against Ships" (MSC/Circ. 623) in May 1999 also designated measures for the self-defense of vessels that pass through the region. Additionally, since 1998, regional seminars held in regions of high incidence have also facilitated the promotion of measures to cope with piracy issues. Furthermore, in December 2000, the "Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery against Ships" was put together at the 73rd MSC meeting, which not only formed an MSC Circular that was passed onto each relevant country (MSC/Circ. 984), but was also submitted to the 22nd United Nations General Assembly. However, in regard to the official nature of this code of conduct for law enforcement officials of IMO member states, and indeed the "Government Recommendations" and "Guidance for Ship Owners (and so forth)" also mentioned above, at the present time they are not legally binding documents.

　

 After the Alondra Rainbow incident in October 1999 (a Panama registered vessel carrying two Japanese crewmen), a "Regional Conference on Combatting Piracy and Armed Robbery against Ships" was held in Tokyo in April 2000, where the "Asia Anti-Piracy Challenges 2000" for the related coast guard agencies in the Asian region and the "Model Action Plan" for maritime policy authorities were adopted, thus signaling the beginning of cooperation strengthening activities of the coast guard authorities in Southeast Asia. However, in addition to this, what is now required is the revision of domestic legislation. Criminal law in Japan is applied on the principles of territoriality and flag state, and therefore in the case that criminal conduct such as robbery and captivity does occur within Japan's territorial waters, unless the incident involves a Japanese vessel, current law is structured so that it can't be applied. Under this legal system, even if the culprits of the Alondra Rainbow incident were to be captured in Japan, this means they would be unable to be prosecuted. Surely the time has come to reconsider this passive approach to criminal conduct, of everything except incidents involving Japanese interests, if not at least to apply Japanese domestic legislation under the principle of universalism.

 The issues surrounding piracy and armed robbery against ships in the Southeast Asian Seas are not just limited to the country where the criminal acts take place, but are issues that ride across many countries, including the nationality of the criminals and victims, the flag states of the offending and aggrieved vessels and the ports of destination of the ships involved. To combat this misconduct in the Southeast Asian waters, it is absolutely vital that the related countries maintain a close-knit communication and reporting framework, and engage in the fast transmission and sharing of all relevant information, as soon as it becomes available.

 Furthermore, if the guilty parties or their vessels manage to escape enforcement in one particular country, they must be able to be apprehended at the next port of call in the region, arrested and prosecuted as is due fit under the domestic law of that country. In other words, the jurisdiction over both enforcement and administration of justice urgently needs to be addressed. Whether this can be achieved is totally reliant upon the close-knit cooperation of the many countries involved. For example, some desirable measures would be ; the joint operation of sea patrols, or the creation of a framework that allows the coast guard authorities of the country where an incident originally occurred to continue tracing the particular offending vessel, even when it absconds into the territorial waters of another country, or corresponding to the revision of domestic legislation, to enable the country where the offending party or offending ship is/are located to detain those involved, constrain the movements of the vessel in question and secure prosecution of the criminal act. In this relation, the formulation of joint investigation frameworks and laws for the collection and submission of evidence and/or the transfer of criminals between countries is also required, to ensure that the prosecution is successfully processed. For this purpose, I strongly urge the related countries to step up their collaborations, in view of forming a Southeast Asian based cooperative network to address this increasing incidence of piracy and armed robbery against ships in the region.