This international conference was planned as an ambitious experiment by the Institute for Ocean Policy of the Ship & Ocean Foundation (SOF). As Hiroshi Terashima, Executive Director of the Institute for Ocean Policy, indicated in his welcome remarks, the conclusion of the cold war, the entering into force of the United Nations Convention on the Law of the Sea (UNCLOS) and the frequent incidences of transnational crimes have all brought far-reaching changes in the policy environment affecting the world's oceans. These newly arising conditions for the oceans must be viewed from a variety of perspectives, taking a broader view of the concept of security than has hitherto been the case. This international conference was convened with this broadening of viewpoints in mind.

　

As Masahiro Akiyama, Chairman of SOF, explained in his keynote speech, the ocean is the fount of life, but there are (limits to how much of humanity's activity it can absorb. Fears are growing that the destruction of ecosystems and global climate change threaten humanity's very existence. Yet reversing the march of development is not an option. The world is beset with too many problems, such as North-South issues, whose only solution is the promotion of development. Not only for the sake of people, but for the sake of the oceans as well, we must devote ourselves to sustainable development of the Oceans. From this aspect, we can understand the security-related concept of "protection of the ocean" by means of preserving marine environments and supporting peace.

　

During the two-day conference following the keynote speech, an exceptionally wide range of constructive views was exchanged. Discussions focused on ways of preserving the safety of the oceans amid today's great upheavals in international society.

　

Session 1 focused on new threats, such as maritime terrorism and unidentified ships, and what can be done about them.

The former is a menace of central importance, demanding the protection of naval and commercial vessels and tighter security in ports. It is now well recognized that various arms of government must coordinate their efforts to combat these problems. The volume of maritime trade makes this an extraordinarily difficult task, as the amount of container cargo entering ports is far too great to inspect it all. Broad agreement exists that an international cooperative framework is needed, so that cargo can be inspected before it leaves port, or Indian or American naval vessels can escort cargo ships through the Straits of Malacca.

"Suspicious vessels" are ships thought to harbor criminals plotting to abduct citizens, smuggle drugs or other contraband or traffic illegal aliens. Conference attendees referred to these craft as posing a direct threat to national security. Rather than attempting to apply the laws of the land to sea, some participants proposed the formation of a new legal framework appropriate to the policing of the oceans. In Northeast Asia, where multiple coastal States' claims of territorial waters and exclusive economic zones (EEZs) overlap, their excessive claims of maritime territory have been singled out as injurious to international cooperation on security. Actions such as interference with the right of innocent passage in territorial waters and regulation of military exercises in EEZs compromise the use of the oceans as a common heritage of mankind and have been cited as injurious to the economic development of the international community.

　

　

When Japan took steps in December 2001 to deal with the activities of suspicious vessels in the East China Sea, some voices of concern were raised that increasing resort to weapons might be expected in the future. Nations acting in the interests of national security must show that such actions are firmly grounded in law and make every effort to obtain the understanding of the international community. Clearly needed today is an effort to take a wide variety of viewpoints and national interests into account to obtain consensus among affected nations.

　

In session 2, which covered marine environmental protection, quantitative data on specific conditions in areas such as the Yangtze River basin and the East China Sea was presented. These regions are sorely affected by the primary cause of marine pollution, which is pollution generated on land. From the discussion it was clearly understood that marine pollution is generating changes in the marine ecosystem that are irreversible. Prodigious efforts have failed to stem the tide of marine pollution, which continues to rise. Industrial restructuring and better regulation of economic activity are desperately needed.

One proposal offered was to implement proactively the provisions of Article 43 of UNCLOS, which urges cooperation between coastal States and user States that use straits for international navigation on pollution caused by the operation, accidental destruction and waste-dumping by ships at sea.

Marine pollution is not a natural disaster but a man-made one, so reason tells us it should be controllable. One participant suggested that collective security measures be taken to thwart the threat to peace that environmental destruction represents. While some offered the opinion that weapons should only be used to the minimum extent possible, others felt that rules were needed to deal with environmental degradation as a crime against humanity, as in the case of the aerial bombardment of Kosovo.

On the subject of the "user pays" principle, the example was offered of Japan's assistance in the Straits of Malacca. Some participants voiced the opinion that Japan's efforts through the Nippon Foundation could not continue indefinitely and that an opportunity was urgently needed for the countries involved to sit down and talk. It was confirmed that the protection of the marine environment was not only a regional issue but a global one, for whose solution regional and international cooperation is essential.

　

Session 3, which took place on the second day of the conference, discussed the legal and policy frameworks necessary to support maritime peace and protect the marine environment. This area is thickly beset with problems, including disputes over the possession of the Senkaku Islands and Spratly Islands, possible conflicts over the delimitation of the continental shelves of the East China Sea and Yellow Sea, and conflicting statements between nations on military exercises in EEZs. Clearly, these issues pose obstacles to the formation of a legal and policy framework for the protection of the ocean.

Participants proposed a new round of discussions on the enforcement of UNCLOS, to obtain agreement on delimitation and the principle of the freedom of navigation. Although UNCLOS is centered on the rights and responsibilities of flag nations, the Convention also provides rules for enforcement by coastal States, including port state control. The interpretation of UNCLOS in the event of dispute is likely to emerge as an important issue in the future. Nations may need to take steps to protect the valid rights of coastal States while restraining the problem of "creeping jurisdiction."

Southeast Asia is home to two archipelagic States, and hence two archipelagic waters: Indonesia and the Philippines. The conditions are different in each case - Indonesian law recognizes a clear division among three types of waters internal waters, archipelagic waters and territorial waters, while in the Philippines, archipelagic waters are treated as internal waters. However, both countries' archipelagic waters are plagued with marine pollution and criminal activities such as illegal operations and armed robbery. Saddled with economic and financial problems, neither country is in a position to solve these difficulties on its own. The strategic importance of these nations' archipelagic waters is tremendous, and here too international cooperation is required

　

In session 4, an understanding that there is a need for a comprehensive approach was raised, linking the issues of peace and environmental degradation in today's oceans. The world faces a bewildering range of quandaries in its oceans, from disputes over possession of islands and the delimitation of EEZs and the continental shelves to pirates and terrorists at sea who threaten the safety of sea lanes. Some parties took the view that peaceful coexistence in this region requires the restraint of nationalism and a redirection toward the virtues of international collaboration. The promotion of international cooperation requires adjustment between the freedom of navigation and the interests of coastal States, it was suggested, and the meaning of "due regard" provided for in UNCLOS may need to be revisited. Rather than making undue haste to reach agreement over the interpretation and enforcement of UNCLOS, some participants advocated a gradualist approach, beginning with what is possible even at the cost of leaving some aspects vague for the time being.

Unfortunately, it is strength, rather than law, that ultimately prevails in determining order in the world's oceans. Strength is required to enforce UNCLOS, but this in turn demands a common understanding. The difficulty here is that, on the domestic front, awareness of the importance of maritime issues is not yet high, so the pace of enactment of the necessary laws is slow. A two-pronged approach is needed, combining promotion of concerted international collaboration with efforts to raise awareness of ocean issues in the domestic arena. Such an effort may lead to a solution for hitherto intractable problems such as piracy.

　

Although already lengthy, this summary is only a sampling of the many discussions held during the fruitful two days of the conference. Many valuable opinions were expressed that I was unable to include here due to time constraints.

　

Magallona: Mr Tadao Kuribayashi, thank you for that excellent summary. I believe the points you've made represent not an end but a new beginning. Although we weren't able to discuss all of the topics we would have liked to, I nonetheless feel that this conference was highly valuable in many ways. An excellent initiative. Not only the nature of the issues raised but the many approaches and perspectives offered made the conference a tremendously valuable experience for us all.

I was especially thrilled with the way this conference was organized. The issues presented are of momentous importance, and everyone in attendance took part in the discussions. since the topics are also of paramount importance to academics and policymakers, I'm delighted that so many were able to offer their insight and perspective. As Mr. Akiyama noted in his keynote address, this conference deepened all of our understanding of marine security and environmental issues. The past two days have been a period of incredibly intense discussion.

Yet even so, I feel that we've only scratched the surface of this enormous problem. The conference has whetted my appetite for more knowledge and awakened me to a wide range of pressing concerns, touching on many vital issues. For example, the sea is said to be the earth's life-support system. Could that really be coming to an end? What a horrible outcome that would be if true. What can we do to accelerate the momentum in other arenas toward meaningful change? Will we have further opportunities in other forums to discuss these issues?

I would like to express strongly to the wonderful people who organized this event, particularly SOF, my hope that we will have an opportunity for follow-up discussions in a suitable format. A subject like "protect the ocean" cannot possibly be covered in a single sprint. I hope these deliberations will continue. Thank you very much.

　

CHAIRMAN: I feel the same as Mr. Magallona. But I believe Mr. Akiyama is better qualified to answer, so I wonder if I can prevail upon you, Mr. Akiyama, to say a few words.

　

Akiyama: I can only say a brief word as our time is growing short, but I'd like to add my own thanks to Mr. Magallona and Mr. Kuribayashi for their excellent statements I agree with you both. Budget issues would have to be solved, but if that is possible I would certainly like to hold one or two more conferences on "Protect the Ocean." If we do I hope you will all join us, so that we can revisit the past two days' concerns in greater depths. It certainly wouldn't be a mere rehash of what we've discussed already. How do we integrate the environment, peace and development? In the final analysis, can we distance ourselves enough from each country's narrow interests to do the right thing for international society? If we can offer even a partial answer to these questions, it would go a long way to fulfilling my own dreams. I would be delighted to attend.

　

CHAIRMAN: We're looking forward to it. In closing, very briefly, I'd simply like to thank you all. In the brief time permitted, a great many learned individuals have presented many fruitful and valuable papers and offered precious insights. As chairman I am filled with pleasure in having been able to direct traffic at this great confluence of ideas. Our discussions together have forged new bonds of respect and friendship among us.

I am convinced that the results of these discussions will prove without fail to be an enormous asset in tackling the issues that confront us on the world's oceans. I would like to thank sincerely the participants, speakers and audience for their cooperation. In closing, to those of you who came from overseas, I would like to express my gratitude for coming so far and wish you a safe return to your respective countries.