I have already sufficiently discussed the evaluation of the United Nations Convention on the Law of the Sea, problems associated with it and the factors that gave rise to those problems. However, I would like to add another point. Much of this treaty is concerned with establishing principles, and the purpose of the treaty is to establish the necessary framework for the regional and global regime that is based on those principles. In this sense the Convention is incomplete, since it does not provide the power to enforce said regime and principles.

Naturally, beginning with the Convention's revision in 2004, every effort must be made to complete this document. Today, when the sea is not widely recognized as "the common heritage of mankind." it is fine to maintain high ideals but it would be unwise to try to rush the process. A rush for early results would result in compromise or even an outcome opposite to that intended. The best way forward is to take measures to raise recognition and awareness and to press the case in ways that are easy to understand. I believe this is the best hope for achieving the goal of a United Nations Convention on the Law of the Sea with real power to govern the oceans.

At the same time, activities continue in the oceans on a daily basis, and those activities are governed by the Convention. Many frictions and clashes are bound to occur along the way. When the inevitable happens, we must avoid hasty solutions through vaguely worded resolutions. Instead, For example, in areas of the sea where an EEZ cannot be drawn because countries differ on territorial claims or interpretation, talks between the parties should be initiated and a flexible approach taken to establish provisional areas of management.

　

a) Implementing organizations, treaties and agreements

Currently a number of international organizations are active in their respective spheres, such as the Intergovernmental Maritime Organization (IMO) and UNPAO. By boosting the number of states participating in these organizations, strengthening ties among them and widening the scope of their activities, a larger framework for cooperation can be constructed. This alone, however, will not be sufficient to form the necessary system for maritime security. After beginning with decisions limited to two or three countries with whom agreements can be easily reached, efforts must then move forward to nurture a broader coalition. This gradual approach not only creates the necessary framework but also provides a process by which to build a common awareness and recognition of the laws that underpin it.

For example, agreements such as the Japan-South Korea and Japan-China fishing agreements can be reached among Japan, South Korea and China, since bilateral agreements are relatively easy to establish, and efforts can proceed from there to build a trilateral Japan-South Korea-China agreement. Talks can begin with a focus on fishery resources and later broaden to encompass environmental issues. Thus although the initial objectives and participants are limited, the framework is effective and close-knit. Participants can then proceed gradually to build a regional or even global organization.

The Barcelona Agreement, established as a stopgap for the problem of pollution in the Mediterranean Sea, is a fine example of collaboration among related countries for a limited objective. As this regime is now being examined to determine whether it can be applied to other seas, such as the Baltic Sea or the Sea of Japan, I might also suspect that it be applied to secure shipping in the Straits of Malacca. Related countries can collaborate to establish and operate institutions for comprehensive measures for shipping security, such as the development of facilities, procedures and maritime education and training programs. The funding for such programs should form part of the activities of the United Nations, since the sea is an asset shared by humanity in common. In addition, measures should be examined to ensure that the related nations collaborate under appropriate funding criteria.

If even the above measures are difficult, the actions implemented by the West Pacific Naval Symposium (WPNS) are instructive. First, the organization built trust among people and military organizations through a process of dialogue, seminars, discussions and the like. Next, the new relationships were used to implement training exercises such as rescue activities and to strengthen them through the preparation of common manuals and standards. As I will describe in more detail below, this method might be use to enable exchanges of information, joint monitoring and coordinated enforcement.

　

b) Building common awareness

A diverse range of research organizations are active in numerous fields of investigation. To name a few, these organizations include the International Ocean Institute (IOI), the Southeast Asian Programme in Ocean Law, Policy and Management (SEAPOL), the Maritime Institute of Malaysia (MIMA) and the Asia-Pacific Center for Security Studies (APCSS). Institutes such as Sweden's Malmo World Maritime University accept exchange students from all over the world and have graduates active in numerous countries. The invaluable support of the Nippon Foundation has enabled the creation of the International Association of Maritime Universities (IAMU). As they carry out their valuable research into issues related to the sea, these institutions provide a tremendous contribution to the development of a common global understanding about the sea. These existing academic and other institutions provide a basis for increasing international cooperation with respect to the sea, thus contributing to the security of the oceans as follows:

　

　

I have already emphasized the overarching importance of a fully integrated approach to maritime security that involves all countries and all aspects of the issue, and that perspectives and circumstances differ widely from country to country. Unfortunately, government institutions frequently erect barriers to this comprehensive approach. In official negotiations, it is difficult to improve awareness and focus on the issue at hand. This is why "Track II" negotiations, which embrace a wide cross-section of people and engage them in flexible and fundamental discussions, are vital. Of course, government institutions are important too, as they ultimately set policy. Thus a meaningful process of international dialogue to develop a cooperative framework for maritime security must involve close cooperation in both Track I and Track II.

In two instructive examples of this process, SEAPOL participates in APEC as an observer, and the Indonesian Foreign Ministry submits policy drafts to Track II conferences for reactions before they are passed into law. At the very least, Track I members should take an active part in Track II discussions and seminars.

　

The current international situation is said to present little possibility of major confrontations but a large number of small disputes and the possibility of emergence of new threats. These circumstances are unlikely to change in the near future.

Yet the threat of major acts of aggression has not evaporated completely. The functions of prevention, deterrence, and response are still vital, and even small outbreaks of conflict require a robust response. In other words, the role of military force in preserving global stability is as great as ever, and secure access to international shipping lanes is no exception If we view military strength and maritime security in this light, it is clear that, while due consideration must be accorded to the resources and environment of the sea, the free passage of naval vessels is indispensable.

New menaces include the acts of piracy, who are known to have planned attacks in adjacent seas and "choke points," and terrorists, who have matt attacks on ships in choke points and hub ports, and from the sea at key port facilities. The rise of piracy in the South China Sea, for example, which began around 1991, was thwarted in 1993 by the bold action of the Russian navy. As this example shows, naval forces are an extremely effective tool in the fight against piracy, and naval activities with the cooperation of related agencies are an integral element of maritime security. Although we do not yet have examples of direct naval action against terrorist groups, naval forces can play an effective role in the war against terrorism.

The contributions of naval forces to maritime security include response to major disasters, interdiction of illegal drugs and other contraband and handling of refugees. Navies can also participate in the management of the seas, in ways such as monitoring the observance of regional and bilateral decisions relating to resources and the preservation of the environment. Along with tackling piracy, these are considered the principal uses of an effective navy during peacetime. However, some people oppose such uses in peacetime, arguing that the actions of military forces based on the right of self-defense and the actions of agencies based on the right of policing are fundamentally different. Some also argue based on the view that occupying military forces with such duties in peacetime degrades the level of the navy's fighting capability.

These objections can be overcome by a change of perspective and new ideas. Making use of the navy in peacetime enables the nation to forge strong links with other countries that can contribute significantly to maritime security; in this sense, the navy make effective use of resources, Should in peacetime. All those involved in naval policy must think as seriously about the activities of the navy in peacetime as they do regarding its core role. In the United Kingdom, for example, it's said half of the Royal Navy's budget is allocated to peacetime operations.

Next, allow me briefly to explain the navy's efforts in international collaboration. As I described in the discussion of the characteristics of maritime security, collaboration with other countries is essential. However, in the Asian region conditions differ enormously among countries, bringing exceptional difficulties to this task. some countries still object strenuously to any operations by the navies of foreign countries in their adjacent waters, and so in areas of the sea prone to use of military force or which have overlapping claims, cooperation is exceptionally difficult.

Thankfully, the nations of the western Pacific are overcoming these formidable hurdles to forge ties of ongoing cooperation between naval forces. The WPNS meets every two years, gathering the heads of the navies of each country to debate a wide range of issues related to the region's oceans. This convention is not authorized to reach any binding decisions, however, and is not a forum for constraining naval policy. Yet WPNS can boast numerous achievements, including the cultivation of personal contacts, exchanges between naval fleets, bilateral search-and-rescue exercises, preparation of various manuals (manuals on WPNS management and exchange of information, as well as simple training manuals), minesweeping exercises and construction of websites. The forum is also discussing areas such as interoperability multilateral search-and-rescue training and disaster relief. The WPNS is an admirable platform for international cooperation on maritime security in the West Pacific, illustrating the possibilities for joint training in the core (combat) functions of naval forces as well as for increased cooperation in peacetime duties.

Regional cooperation among navies can be indirect, with each navy keeping to its own region, or direct, with several navies carrying out maneuvers and the like in the same waters. Indirect cooperation is chiefly used to protect shipping lanes, though in practice nations with insufficient strength for this task rely on cooperation from the US Navy. Direct efforts include the interdiction of terrorists and pirates at chokepoints, an effort already underway; and the monitoring and control of smuggling, pollution and other problems in designated regions under certain pacts or agreements. In all cases cooperation in sharing information is absolutely vital to the support of these activities.