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1-3 Reports and discussions in session 3, "Management System."
1-3-1 Summary of reports
(1) In session 3-1, Mr. Koji Sekimizu, Director of the Marine Environment Division, IMO, spoke on "The Marine Electronic Highway (MEH) Project As a New Management System for Sea Areas." Mr. Sekimizu gave an overview of the Marine Electronic Highway (MEH) project and reported on an MEH demonstration project to be implemented in the Straits of Malacca and Singapore in 2004. A summary of Mr. Sekimizu's report is provided below.
(1) The purpose of MEH is to integrate leading-edge seafaring technology and environmental management and preservation systems to create an "electronic navigational chart."
(2) MEH will be able to provide data on tides and other phenomena in real time, and can be linked to the development of a variety of environmental preservation systems, including three-dimensional models forecasting the spread of oil spills and the like. MEH will enable centralized management of ship navigation, ensuring safer passage and preventing piracy, armed robbery and pollution from shipwrecks. In addition, the project will be able to provide a wealth of information valuable to the shipping community and other users.
(3) The demonstration project in the Straits of Malacca and Singapore will serve as a pilot for MEH in these waters, which not only form one of the world's busiest sea-lanes but also harbor a wealth of resources. Although sovereignty and other issues remain to be worked out, the project has been given the go-ahead with the agreement of the three governments concerned. The Nippon Foundation is contributing funding for the project' s pollution-prevention and navigational support facilities.
(4) An overview of the project's timeline is as follows:
Phase 1: Test-run of the MEH system
Phase 2: Development of a practical MEH system
Phase 1 consists of a five-year plan starting in 2004. In phase 2, which begins in 2009, the results of the test-run in the Straits of Malacca and Singapore will be evaluated and operations will be deployed extending from the Persian Gulf to East Asia.
(2) In session 3-2, Dr. Chua Thia-Eng, Regional Program Director for Partnerships in Environmental Management for the Seas of East Asia (PEMSEA), discussed the results and future directions of PEMSEA in his presentation, "Building Intergovermental, Interagency and Multi-Sectors Partnerships towards Archieving Environmental Security for the Seas of East Asia". The following is a summary of Dr. Chua's report.
(1) Outline
The phrase "ocean security" encompasses a wide range of issues, including national defense, food security and environmental security. For the countries bordering on the waters of Southeast Asia, ocean security is a vital issue, as these seas are not only one of the world's great centers of maritime trade but also a rich domain in terms of biodiversity. Unfortunately, in recent years the environment has deteriorated alarmingly and many resources have been destroyed, sparking frequent disputes over the use of resources.
To staunch the environment's rapid decline, personnel and funds must be marshaled to execute a comprehensive plan to reduce conflicts between localities and regions over the use of the ocean, ratify and adhere to United Nations efforts and convention on climate change and biodiversity, and link investment in the environment with clear economic benefits.
(2) The present and future role of PEMSEA
a. Pollution prevention and management efforts (1993-1999): Pilot phase
In 1993, with financial support from the Global Environmental Facility (GEF), a project was launched combining environmental protection with economic development, based on a structure called integrated coastal management (ICM). Xiamen in China and Batangas in the Philippines were selected as model cases, and excellent results were obtained. Today the Xiamen region enjoys a blistering 17-19% growth rate without environmental deterioration.
In addition, a program was launched in the Straits of Malacca and Singapore, adopting safe navigation and environmental issues as themes. Surveys of the environment and ecosystem were carried out and nautical charts of the straits were prepared and incorporated into an electronic data management system. This project was the touchstone that led to the development of MEH.
b. Formation of an environmental management partnership (1999-2005): Follow-on phase
After the evaluation in the pilot phase, it was recognized that tackling environmental issues would require cooperation between governments, between government agencies and between different sectors. In the follow-on phase, therefore, the key target was the formation of partnerships. Based on this objective, the Partnerships in Environmental Management for the Seas of East Asia (PEMSEA) was launched.
Government departments and agencies bear a large share of the responsibility for the problems of environmental degradation and reckless development in this region, as fragmented jurisdiction posed formidable barriers to progress. PEMSEA is an attempt to remedy these problems by strengthening partnerships among the public, the business sector, NGOs, academia and the media.
(3) In Session 3-3, Professor Sam Bateman of the Centre for Maritime Policy, University of Wollongong, Australia, presented a report entitled "Maritime Conflict Prevention System: Some Ideas for an Action Plan." In his report, Professor Bateman emphasized the importance of gathering and sharing information in preventing conflicts. The main points of the report are as follows.
(1) Professor Bateman advocates the creation of a system of ocean management to support the maritime order, reduce the risk of conflict and promote cooperation in regional seas to ensure the safe use of the ocean. Based on experience, a bottom-up approach to regional maritime cooperation is more likely to be effective than a top-down approach.
(2) In the war against terror, the United States has added the term "maritime domain awareness" to its strategic lexicon. This phrase refers to the ability to know what kinds of ships are in a given area of sea, and what they are doing, at all times. While this awareness is feasible for the United States, alone or in cooperation with Canada, the countries of East Asia will need to develop a framework of regional maritime cooperation.
Comprehensive knowledge of events in the ocean is an indispensable element of maritime security. For neighboring countries with common interests, it should be possible to promote such maritime cooperation without security dilemmas or the danger that sensitive information will fall into the wrong hands. This sort of cooperation is vital for building confidence and security.
(3) In the East Asian region, a number of schemes for sharing information have been advocated and implemented in the past, but few of these were continued. The main reasons for this failure were a lack of awareness of the importance of information sharing and a lack of funds. The main cooperative schemes still operating today are the ASEAN Regional Forum and the West Pacific Naval Symposium. To cultivate a continuous process of information sharing, a more altruistic concept is needed.
(4) The first small step toward preparing an action plan is the most important. Professor Bateman advocates a three-stage, building-block approach. First, the basic structure for promoting maritime domain awareness and information sharing is built. Second, a database is put together. Finally, monitoring and information sharing is carried out in real time.
Japan has advocated in the past a form of joint action called ocean peacekeeping (OPK). This type of cooperation is more appropriate for coast guards than for navies. Ultimately the formation of a regional coast-guard organization might be wished for.
1-3-2 Overview of discussion
Following the presentations, participants exchanged views on the various mechanisms and integrated management required to secure the ocean. The debate was informed by the participants' awareness of the significance of PEMSEA, a highly motivated program for environmental development, and MEH, a program for improving navigational safety and security, as well as of the importance of international collaboration in gathering and sharing information to prevent conflicts. Participants agreed that scientific surveying and monitoring are essential for sustainable use of the ocean and serve to boost ocean security.
1-4 Overview of Panel Discussion in session 4
The panel discussion was held, covering the results of Session 1, "Constitution of a concept", Session 2, "Present state of HASA", and Session 3, "Management system". The discussion produced some specific proposals regarding the concept of "securing the oceans" and future courses of action, accompanied by a free and frank exchange of opinions.
At the start of the debate, Associate Professor Mariko Kawano of Tsukuba University and Professor Seo-Hang Lee of South Korea's Ministry of Foreign Affairs and Trade offered their comments. Professor Kawano asserted that international cooperation was becoming more important, given the need to supplement UNCLOS and the present status after UNCLOS' adoption. She spoke of the need to balance national sovereignty with international cooperation and narrow national interests with the needs of the entire international community, citing examples such as the management of high-seas fisheries and straddling fish species. Drawing from examples of specific laws, Professor Lee spoke of South Korea's efforts to protect marine resources and the ocean environment, Although South Korea is the only country in Asia to have established a Ministry of Maritime Affairs and Fisheries responsible for all ocean-related matters, the ministry has not followed up with the necessary organization, and many gaps remain. Moreover, a comprehensive strategy for preservation of the marine environment is badly needed. Professor Agoes introduced problems in the management framework for Indonesia's archipelagic waters in Session 2. Both Professor Lee and Agoes' talks produced valuable reference data for discussions of domestic maritime organizations.
In the overall discussion, the view was expressed that the time had come to revise the concept of sovereignty. The term "common heritage of mankind," it was noted, could be taken to mean the entire ocean. Some participants voiced fears that excessive attention to the way sections of ocean are classified in UNCLOS could result in the neglect of safety and environmental aspects of the convention, and others suggested supplementing UNCLOS with talks on ocean security. One participant stated that it was important to interpret national waters as waters "entrusted" to the management of coastal states. At the end of session 1, the opinions offered on the subject of "governance" as used by Mr. Akiyama were summarized. Several individuals suggested that, based on these points of view, future conferences take up the theme of collaboration between coast guards and navies. As such collaborative efforts were now moving into the implementation phase, calls were heard for a comprehensive evaluation of problems occurring in execution.
2. Chairman's Remarks
Tadao Kuribayashi
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Position: Professor, Toyo Eiwa University, Japan / Professor Emeritus, Keio University, Japan
Education: Faculty of Law, Keio University / LL. M., Master's Program, Graduate School of Law, Keio University / Ph. D., Graduate Program in Law, Australian National University
Kuribayashi held positions as Professor, Dean of Students, Dean of the Faculty of Law and Vice-President, Keio University until his retirement in 2002. He was a Fellow of Downing College, Cambridge University in 1985, Member of the Science Council of Japan, and Member of the General Science and Technology Council and Marine Development Subcommittee and the President of World Law Association. He is active in various organizations as Chairman of the Self-Defense Force Members Ethics Committee, Special Member of Space Development Committee and Safety Subcommittee, which belongs to the Ministry of Education, Culture, Sports, Science and Technology. Some of his works are "The Commentary of United Nations Conventional on the Law of the Sea" and "A Modem International Law" (both are in Japanese).
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After listening to the summary of the sessions, Chairman Kuribayashi made the following remarks.
This conference, as a follow up to last year's conference, was convened with the purpose of further clarifying the concept of "securing the oceans," a new concept in ocean security, and proposing specific measures to bring the concept to fruition.
At the start, Professor Okuwaki voiced the concern that a shift from the regime theory to the governance theory would open up a Pandora's box. The valuable insights, proposals and suggestions gleaned in this conference made it almost seem as if we had launched a ship without a compass, but each successive session underscored for me the importance of international cooperation in each field and at every level. I was also impressed that the discussions of ocean governance extended in meaning well beyond mere management. At the very least, we achieved consensus that "securing the ocean," our new concept in ocean security, captured a far wider range of ideas, tasks and issues than had previous concepts.
The two days of this conference have yielded a number of specific proposals, which I hope we can follow up in the next conference. In considering future ocean-related issues, talks between governments will be vital but they will not be sufficient on their own. Objective analysis and discussion by learned specialists, such as we have achieved here, will continue to be of paramount importance.
Now, SOF's Institute for Ocean Policy (IOP) reiterates its commitment to describe new concepts in security clearly and fully, and to devise specific measures to translate these structures into practical action, based on the discussed here. I would like to invite all of the participants in this conference to provide IOP with opinions and information that can lead to valuable proposals.
Throughout the conference of the past two days, we have spoken quite directly about the difficulties of securing the oceans, the problems involved, and occasionally the things we can expect of the future. Just as we did last year, we enjoyed a vigorous and stimulating exchange of views with all the participants, and the fruits of this labor are sure to be tremendous. I would like to thank the secretariat and the interpreters for supporting the smooth progress of the conference.
Closing Address
Masahiro Akiyama
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Position: Chairman, Ship & Ocean Foundation / Visiting Professor, National Graduate Institute for Policy Studies, Japan
Education: Faculty of Law, University of Tokyo, Japan
Akiyama joined the Ministry of Finance in 1964. He held positions as Director-General of the Tokyo Customs and Deputy Director-General of the Banking Bureau, which both belong to the Ministry of Finance. In 1991, he moved to the Defense Agency and held posts as Director-General of the Bureau of Personnel, Director-General of the Bureau of Finance, Director-General of the Bureau of Defense Policy, and Administrative Vice Minister until his retirement in 1998. He studied on security and ocean-related issues as a visiting scholar at Harvard University from 1999 to 2001. He also served as Visiting Professor of Gakushuin University, 2002. Some of his works are "The Global Strategy of United States and Independence of Japan" ("SEIRON", 2002. 2) and "The Dialog of Strategy Begins between Japan and United States"("AKISHOBO", 2002) (both in Japanese)
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In this year's and last year's conferences, we heard a variety of informative presentations and discussions by several participants. Next year, I hope we can move the process further, by getting the message out to the wider global community about the issues we have agreed on and those we continue to debate. Simply put, we need to appeal to the public imagination by clearly stating the case for securing the oceans and presenting detailed proposals.
The participants debated the issues concerning the ocean from a wide range of perspectives and launched conferences, workshops and an array of projects. Although the ideas discussed are various and often complex, I believe that all of the key elements and principles underpinning these efforts can be encapsulated in the concept of "securing the ocean."
We cannot appeal to the public with vague abstractions. We will need specific proposals and recommendations.
For example, in the course of our discussions specific proposals were tabled regarding international cooperation in coast guard activities and preparing lists of research centers focusing on ocean issues and policies. This result fills me with confidence that we can publicize proposals that are new and hitherto little known among the general public. If any of you has other useful proposals to offer, the SOF is eager to hear them.
On coast guard collaboration, international cooperation is already in place, so this is not enough in itself to fire the public imagination. Specific suggestions are required, such as the scale of cooperation, locations and joint training periods. For example, joint training of the coast guards of 12 countries could be undertaken in the South China Sea.
With China expected to establish a coast guard in the near future, we can propose a joint training program between China and Japan. This is an entirely realistic objective. Japan's Marine Self-Defense Force began a joint-training program some years ago with Russia, marking the first such program with a country other than the United States since the end of the cold war. Russia was soon followed by South Korea, and today Japan joins the nations of ASEAN in regular joint exercises. With China, however, Japan's maritime cooperation is impoverished, as the two nations do not even conduct regular visits of each other's vessels.
Specific proposals such as these, paired with a clear explication of the concept of securing the ocean, are essential.
On the subject of securing the ocean, Professor Okuwaki and Professor Kawano raised some intriguing points. What is the relationship between governance and regime, and how do the two differ? What is the interplay between international cooperation and national sovereignty? Especially, does international cooperation offer sufficient value in exchange for the measure of transfer of sovereignty that it implies? These are questions with momentous implications.
I fervently hope that all of you who took part this year will join us again for next year's conference.
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