International Law

The Law of Naval Warfare and China's Maritime Militia

The sheer size and scope of the vast network of China’s maritime militia complicates the battlespace, degrades any opponent’s decision-making process and exposes adversaries to political dilemmas that will make them more cautious to act against China during a maritime crisis or naval war. The legal implications are no less profound. The maritime militia has emerged in parallel with China’s ascent to great power status. As the world’s newest major maritime power, China warrants close attention. The rapid growth in the size and quality of the PLAN has raised concern regionally, as well as in Delhi and Washington, D.C. Since China soon will have the second largest navy in the world, it is especially important to explore the implications of its auxiliary militia force under international law.

Exercising Enforcement Jurisdiction around the Senkaku Islands

As the Senkaku Islands are Japanese territory, Japan has jurisdiction over the territorial sea and EEZ pertaining to them. China also claims the islands, though, which superficially presents competing jurisdictional claims. In this paper, the legal specialist Miyoshi Masahiro examines aspects of the law governing Japan’s response to foreign governmental ships in its territorial sea and EEZ. He also explores the causes of the overlapping claims problem from an international law perspective.

The Regime of Islands in International Conventions (Part 1)

What we call “the law of the sea” is not a single set of rules, but a complex international legal landscape featuring a range of multilateral and bilateral agreements. In the first part of his multipart paper, the legal specialist Terasaki Naomichi Hiro examines the regime of islands as it developed through the discussion at the 1930 Hague Codification Conference, two of the UN Conferences on the Law of the Sea, and other gatherings, and as it was presented in documents including the four 1958 Geneva Conventions on the Law of the Sea.

The Strategic Value of Territorial Islands from the Perspective of National Security

Much of the strategic value that islands have is related to their geographic potential. Defense specialist Akimoto Kazumine, a senior research fellow at the OPRF, notes that Japan’s islands are deeply tied to the regional security environment as a whole. Chinese naval forces view Japanese island territories as an impediment to their access to the western Pacific, which makes them a likely focus of any military confrontation involving China in the region. Japan needs to ensure an EEZ regime free of restrictions on use of the seas while maintaining the security of its territorial islands.

The Functions and Work of the Commission on the Limits of the Continental Shelf

How It Responds to Disputed Island Claims Among Coastal States

Iuchi Yumiko and Usui Asano, two OPRF research fellows, explain the role of the CLCS, a body tasked with examining and recommending approval of submissions from coastal states regarding their continental shelf limits. Offshore islands can serve as the baseline for extensions of these limits, making them a vital part of states’ submissions to the CLCS. When conflicting submissions are made, as by the coastal states surrounding the South China Sea, how does the commission function? And how has Japan’s 2008 submission extending its continental shelf in seven regions been regarded?

Islands' Sea Areas: Effects of a Rising Sea Level

In an era of global warming, islands and shorelines face considerable change from the rising sea level. This will clearly impact low-lying islands around the world in particular, but less attention has been given to the effect on sea areas associated with those islands and their vanishing or shifting shorelines. The legal scholar Hayashi Moritaka examines the problem of maritime zones defined in relation to baselines in the context of drastic change to the shorelines, which form the bases for them. New rules are needed in the UNCLOS framework to address this.