A European Perspective on Japan's Basic Act on Ocean Policy

The author (Centre) on April 13, 2009 at Asia Pacific UN-Nippon Faundation Alumni in Tokyo

On my first visit to Japan it is indeed a great privilege to contribute to the OPRF newsletter and to draw some similarities between Japan's Basic Act on Ocean Policy and the European Union's Maritime Policy.  In undertaking this exercise, it is perhaps appropriate to recall Chairman Sasakawa's opening address to the Asia Pacific UN-Nippon Foundation Alumni meeting and his call for greater international collaboration to ensure the peaceful and sustainable use of the oceans. The importance of this exercise must not be underestimated and there appears to be general consensus in both Japan and the Europe Union (EU) that oceans policies must provide a stable framework for the peaceful uses of the seas and oceans by ensuring sustainable economic development at global and national levels while at the same time protecting and preserving the marine environment and its resources.

Clearly, Japan and the EU cannot be compared as political entities as the former is an independent nation state and the latter is a supranational organisation with common institutions and a law-making capacity which binds the constituent 27 member states. Nevertheless, both Japan and the EU are party to the 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) and are committed to the rule of law as it applies to the ocean  as well as the effective implementation of the rights and duties that arise under the Convention.  This leads perhaps to the first of several common themes and features which link Japan's Basic Ocean Law and the EU Maritime Policy in that both initiatives aim to implement the complex normative framework set down by the 1982 UNCLOS, Agenda 21, the World Summit on Sustainable Development (WSSD) 2002, the WSSD Plan of Implementation, as well as international law in general.

The second common theme is that the approach taken by both Japan and the EU represent a seismic shift away from the traditional management approach in ocean affairs.  More specifically, Japan and the EU have traditionally had a sector driven approach to maritime issues and lacked a senior government office holder with specific responsibility for ocean matters or indeed a coordinating office mandated to consider ocean related issues in an integrated manner.  Significantly, a key element in the new approach is the vesting of senior political office holders (a Minister in Japan and a Commissioner in the EU) with specific responsibility for ocean affairs.  This recognises that the problems pertaining to ocean space are closely interrelated and must thus be considered as a whole, as noted in the preamble of the 1982 UNCLOS.

The third theme which is interesting is that Japan and the EU have taken different routes towards the implementation of their respective policies which are based on extensive consultation with industry and other stakeholders.  In the case of Japan, the policy is now underpinned by a solid regulatory framework in the form of the Basic Act on Ocean Policy.  This may be contrasted with the EU which has left the form and method for policy implementation to the member states. Several of whom, including the United Kingdom, are adopting specific regulatory measures while others, such as Ireland, are adopting policy initiatives in the absence of primary legislation. Experience both within and outside the EU suggests that the approach taken by Japan is the best way to achieve maritime economic prosperity and to strengthen peace, security, cooperation and friendly relations in ocean affairs.  

The fourth common theme is that the policies in Japan and the EU are predicated on similar principles, namely: harmonisation of the development and use of resources with conservation of the marine environment; maintaining the safety and security of the oceans; improving scientific knowledge; sound development of ocean industries; and the adoption of comprehensive ocean governance measures.  Significantly, both Japan and the EU are committed to providing effective coordination on oceans issues at international and regional levels.  This is unsurprising in so far as Japan's and the EU's international trade for the most part goes by sea.  They also face a similar range of problems resulting from the dramatic rise in population, the degradation of the marine environment, resource depletion and the rapid and often unplanned development of coastal areas.

The fifth feature of the Japanese approach that is significant for the EU is that it entails the adoption of a Basic Plan on Ocean Policy which is subject to review every five years.  Importantly, there is an express provision dealing with the fiscal aspects of implementing the plan.  This is an important consideration in the EU context in so far as there is also periodic revision of the EU Maritime Policy with the first major report on the implementation of the policy scheduled for May 2009.

The sixth feature at the heart of the Basic Act on Oceans Policy, which is extremely relevant in the context of the difficult task of implementation of EU Maritime Policy in the Member States, is the 12 basic policy measures which are enumerated in Chapter 4 of the Act.  Essentially, these set out the framework for: the promotion and development of ocean resources; the conservation of the marine environment; the development, use and conservation of the EEZ and CS; improving the efficiency of maritime transport and the safety of seafarers; mitigating the effects of geohazards such as tsunamis; promoting hydrographic surveys as well as marine scientific research; improving the international competiveness of ocean industries; the adoption of measures aimed at the integrated management of the coastal zone;  as well as measures aimed at the conservation of remote islands (this is a significant obligation in light of the fact that Japan exercises jurisdiction over 6,000 islands in the North Pacific Ocean).  They also provide a solid legislative plinth for Japanese foreign policy, which is ostensibly aimed at fostering greater coordination and cooperation at regional levels.  Interestingly, they share a common approach with the EU in so far as the policy envisages the enhancement of citizens' knowledge of the ocean and the promotion of education on all aspects of ocean affairs from both an inter-disciplinary and multidisciplinary perspective.

An impressive feature in the Basic Act on Ocean Policy is that it embraces both top- down and bottom-up approaches, in so far as ultimate responsibility for the policy rests with the Prime Minister supported by a Headquarters for Ocean Policy within the Cabinet, but the democratic mandate and responsibility for implementing the policy is shared with all other stakeholders including civil society, industry and local government.

The final striking similarity between the policies is that Japan and the EU are both providing strong leadership on ocean issues at regional and global levels.   Ultimately, this is the only way to realise Chairman Sasakawa's enlightened vision of greater international collaboration to ensure the peaceful and sustainable use of the oceans and their resources.