2. Enactment of National Laws Accompanying UNCLOS Ratification
(1) Background of Enactment of National Laws
For Japan, one of the world's principal maritime countries, ratification of UNCLOS, which prescribes provisions comprehensively for marine-related issues in general, contributes to the establishment of stable order related to the sea through law, as well as makes it possible to expedite the handling of the many problems facing Japan in oceanic fields. That is, it is in line with Japan's long-term and overall national interests.
As a result, for instance, it will be possible for Parties to exercise the control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations in contiguous zones. In addition, it recognizes Japan's right to exercise its rights in broader areas, including protection and preservation of the marine environment, in its EEZ. It makes it possible to introduce heretofore-unseen new systems in the fishery industry as well, such as those to decide the volumes of possible catches to preserve and control biological resources. Furthermore, it recognizes Japan's right to develop and harvest natural resources from continental shelves. These include mineral resources, such as oil, and species inhabiting the waters.
(2) Enactment of Basic Laws Related to Territorial Sea, etc.
Japan introduced a new set of laws related to the sea, when it ratified UNCLOS. It amended part of its Law on Territorial Sea and enacted the "Law on Exclusive Economic Zones and Continental Shelf." The legislation does the following:
・Adds straight baselines to the normal baselines to measure the breadth of the territorial sea, etc.;
・Establishes contiguous zones as the sea zones to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within the territory or territorial sea and to punish these infringements committed within the territory or territorial sea;
・Establishes EEZ as the sea zones where the sovereign rights, etc., of coastal countries can be exercised, as UNCLOS prescribes, regarding the fishery industry, protection and preservation of the marine environment, etc.;
・Clearly determines the outer limits of continental shelves;
・Applies Japanese law to the performance of duties by Japanese officials and to acts obstructing them in the newly established sea zones, etc.
The employment of straight baselines and establishment of contiguous zones mean that the combined area of internal waters, territorial sea and contiguous zones is about double the size of Japan's national territory, and that it is about double the area of internal waters and territorial sea heretofore. In addition, the area, if EEZ is included, is estimated
