(1)International Conference onGeo Future Project : Protect the OceanLegal and Policy Frameworks and Action Plan for the Maintenance of Peace andEnvironment Protection of the Ocean国際会議「地球未来への企画“海を護る”」― 海洋の平和維持と環境保護のための法的・政策的枠組と行動計画―November 8 & 9, 2002平成14年11月8日・9日Supported byMinistry of Land, Infrastructure and Transport; Ministry of the EnvironmentJapan Defense Agency; Japan Coast Guard; The Nippon Foundation国土交通省、環境省、防衛庁、海上保安庁、日本財団OrganizerInstitute for Ocean Policy, SOF (Ship & Ocean Foundation)SOF海洋政策研究所(シップ・アンド・オーシャン財団)(2)Since its establishment in 1975, the Ship & Ocean Foundation has undertaken, with financial support from theNippon Foundation, a wide variety of activities related to shipbuilding and the oceans, including research surveys,technology development, and data collection and publication. As mankind’s very existence depends more and moreon the oceans, the importance of establishing uses and practices that reflect this, especially in the areas of oceansecurity and protection of the environment, are more important than ever.For this reason, in April of 2002 we established within our foundation the Institute for Ocean Policy, a thinktank that takes as it guiding principle ‘Coexistence with the Ocean’ and whose mission is the formulation of oceanpolicy recommendations. Its three main research concentrations are Maintenance of Ocean Security, Protection ofthe Marine Environment, and Formation and Implementation of Legal and Policy Frameworks regarding the oceans.In addressing these issues, the SOF Institute for Ocean Policy strives for views that emphasize the well being of theoceans themselves.Maintenance of Ocean Security is based on a new security concept that focuses on the peaceful and stable useof the oceans in the midst of change. Protection of the Marine Environment of course derives from a more generalconcept of marine security, namely the protection of the ocean itself for the purposes of life and sustainabledevelopment. Our concentration on the Formation and Implementation of Legal and Policy Frameworks Regardingthe Oceans aims to promote and implement regimes to effectively secure the two former goals of ‘maintenance ofocean security’ and ‘protection of the marine environment.’Inevitably, these research areas will demand an interdisciplinary, cross-sectoral, and international approach. Tohelp facilitate this, and to draw attention to them as new ocean security issues, the Institute for Ocean Policy, SOF,with the support of the Nippon Foundation, was proud to host the international conference ‘Geo Future Project:Protect the Ocean’.Experts from China, Indonesia, Korea, Malaysia, the Philippines, the U.S.A. and Japan were invited to theconference, where they offered a wide variety of constructive and practical suggestions on how best to sustain andprotect the peace and environment of the oceans. Also, through the discussions, a consensus was reached on theimportance of creating a security system based on the new perspective of ‘protecting the ocean’, as former ideas areproving inadequate to meet the great changes that have come about in the human-ocean interface. These changesresulted from the ending of the cold war, the coming into effect of the Law of the Sea, the increase in trans-nationalcrime, and the effects of marine pollution on planetary environmental mechanisms and eco-systems.In light of these challenges, we believe ocean issues should be more seriously addressed as part of the domesticpolicy of each individual country, but that efforts should also be made at the international level on the basis ofcommon recognition of ocean problems. We hope that this conference served to raise awareness of the need for‘Protecting the Ocean’, from which mankind derives so much, and may help to make the philosophy of ‘Coexistencewith the Ocean’ a permanent basis of future actions.Masahiro AkiyamaChairmanShip & Ocean FoundationGreetings(3)シップ・アンド・オーシャン財団(SOF)は、日本財団の支援を受けて、1975 年の設立以来、船舶および海洋に関する調査研究、技術開発、情報収集・提供など、幅広い事業を行なってまいりましたが、21 世紀を展望するとき、人類の生存基盤としての海洋について、新世紀に相応しい利用と保全のあり方、とりわけ海洋の安全と環境の保持のあり方を確立していくことが重要となっております。このため、当財団では、「人類と海洋の共生」を基本理念として、海洋に関する社会的提言を行なうことを目的として、2002年4月に「SOF海洋政策研究所」を発足させました。SOF海洋政策研究所では、海洋問題を、海洋の側の視点に立って、「海洋の平和維持」、「海洋の環境保護」および「海洋秩序の法的・政策的枠組の形成と実行」の三つを研究の主題として取り上げています。「海洋の平和維持」は、変化に対応した海洋の平和的・安定的利用の維持、すなわち海を護ることを目指す、新たな海の安全保障概念に基づいております。「海洋の環境保護」は、生存と持続可能な発展のために、まさに海を護ることを理念とする、広義の海の安全保障概念に根差しています。「海洋秩序の法的・政策的枠組の形成と実行」は、「海洋の平和維持」と「海洋の環境保護」を効果的に確保するための秩序化と実行であります。これら三つの主題は、学際的・分野横断的・国際的な取組みが不可避であり、また、これらの問題を新たな海の安全保障問題として位置付けた上で、SOF海洋政策研究所では、日本財団の支援を受けて、国際会議「地球未来への企画“海を護る”」を開催いたしました。本会議では、アメリカ、インドネシア、韓国、中国、フィリピン、マレーシアおよび日本から招聘した専門家から、海洋の平和と環境を如何にして維持し保護していくかについて、広範多岐にわたる建設的・具体的な意見が提起されました。また意見交換を通して、冷戦の終結、海洋法条約の発効、国境を越える犯罪の多発、地球環境メカニズムと生態系に変動をもたらす海洋汚染など、人類と海洋との関わりの舞台が大きく変化しており、旧来の理念に囚われず、“海を護る”という新しい視点にたった安全保障を確立していくことが重要であるとの共通の認識が得られました。海洋から様々な恩恵を受けている人類は、「海洋との共生」を理念として、海洋の側に立って“海を護る”という意識を高めるとともに、海洋問題解決に向けて各国内で積極的に取り組む必要があり、国際間でも共通の認識のもとに努力する必要があると思われます。平成15年3月シップ・アンド・オーシャン財団会長秋山昌廣あいさつ(4)(5)(6)ConferenceGeo Future Project: Protect the OceanLegal and Policy Frameworks and Action Plan for the Maintenance of Peace and Environment Protection ofthe OceanDateNovember 8~9, 2002VenueConference Hall, 10th Floor, Kaiyo Senpaku Building, 15-16, Toranomon 1-chome, Minato-ku, TokyoLanguageJapanese-English simultaneous interpretationThemeIt may be no exaggeration to say that the prosperity of human society is brought about by the advancement ofthe sea-lanes. On the other hand, the breakdown of the sea-lanes recurs during armed conflicts betweennations. Protecting the sea-lanes still holds as the greatest security challenge. Though the probability of thebreakdown of the sea-lanes taking place is going down due to naval strength, covert acts of aggression andsubversive activities caused by governments or other major groups that support terrorism have appeared as newthreats to block the sea-lanes. Along with the progress of the global economy, the network of sea-lanes is justbecoming an international community property. The borderlessness of maritime freight activities and maritimecrimes requires the building of maritime security to curb and eliminate these new threats.The ups and downs of the international situation, on another front, are supposed to clear the way to theocean for every state and major group. The deepening relationship of mankind to the ocean ends up takingenvironment-related issues attached to the development and utilization of resources, and environmentalconcerns accompanying shipping, combined with coastal water pollution due to coastal development andindustrialization. Consequently causing the depletion of marine biomass and ecocide. The ocean is the sourceof life and the mechanisms of the global environment that nurtures it. When development and utilizationadvance, in some cases, environmental issues are neglected. But, in a period when the deterioration of theenvironment puts lives at risk, if there are calls for human security, marine environment protection has to berecognized as an issue of maritime security in a broad description to protect the ocean, which is the basis forlife-support.The two new major concerns described above raise another new problem, which takes place betweeninterdisciplinary and international efforts, and state sovereignty or jurisdiction. The United Nations Conventionon the Law of the Sea imposes on all governments and major groups the duty of ocean management for thepeaceful settlement of the disputes with marine resources and environmental conservation along withrecognizing the setting of jurisdictional waters in coastal States. Sovereign rights and jurisdiction as defined bythe Law of the Sea, in some cases only serve national interest, which trigger serious conflicts amongneighboring coastal States or between the user State and coastal State undermining the maritime securityenvironment.Brief OverviewRealizing the necessity of academic, interdisciplinary and international efforts to deal with these threemajor themes and the need to place these as new maritime security issues, the SOF Institute for Ocean Policywill hold an international conference on the “Geo Future Project: Protect the Ocean” with the support of TheNippon Foundation.OrganizerInstitute for Ocean Policy, SOF (Ship & Ocean Foundation)Supported byMinistry of Land, Infrastructure and Transport, Government of JapanMinistry of the Environment, Government of JapanJapan Defense AgencyJapan Coast GuardThe Nippon FoundationOrganizing CommitteeTadao KuribayashiProfessor, Toyo Eiwa University / Professor Emeritus, Keio UniversityMasahiro AkiyamaChairman, Ship & Ocean FoundationHiroshi TerashimaExecutive Director, Institute for Ocean Policy, Ship & Ocean FoundationKazumine AkimotoCounselor, Institute for Ocean Policy, Ship & Ocean FoundationSecretariatInstitute for Ocean Policy, SOF (Ship & Ocean Foundation)15-16,Tranomon 1-chome, Minato-ku, Tokyo 105-0001, JapanTEL: 81-3-3502-1828 FAX: 81-3-3502-2033E-mail: info@sof.or.jp http://www.sof.or.jpHiroshi Tamama Tatsuya Sendo Catherine Lee Vivar(7)Provisional Program09:30-09:35 Welcome RemarksHiroshi TerashimaExecutive Director, Institute for Ocean Policy, SOF09:35-09:40 Opening AddressChair: Tadao KuribayashiProfessor, Toyo Eiwa UniversityProfessor Emeritus, Keio University09:40-10:00 Keynote Speech“Maritime Security for the Protection of the Ocean―In Response to the Effects of Mankind on the Ocean―”Masahiro AkiyamaChairman, Ship & Ocean FoundationSession 1: Maritime Security: New Threats of Maritime Terrorism, Unidentified Ships, etc.10:05-10:35 Presentation“The Possibility and Threat of Maritime Terrorism”Stanley Byron WeeksSenior Scientist, Science Application International Corporation10:40-11:10 Presentation“Suspicious Vessels in Japanese Waters: Details and Recent Incidents”Yukinobu TomonagaExecutive Director, Maritime Disaster Prevention CenterFormer Deputy Director-General for Guard and Rescue, Japan Coast GuardCoffee Break11:25-11:55 Presentation“Intrusion of Spies from the Sea”Seo-Hang LeeProfessor, Institute of Foreign Affairs and National Security, Ministry of ForeignAffairs, Republic of Korea12:00-13:00 DiscussionLunch(8)November 8, Friday(9)Session 2: Maritime Security: Marine Environment Protection14:00-14:30 Presentation“Ocean Pollution from Land-Based Sources: East China Sea, China”Li DaojiResearcher/Professor, State Key Laboratory of Estuarine and Coastal Research,East China Normal University14:35-15:05 Presentation“Protection of the Marine Environment from Sea-Based Pollution”Mohd Nizam BasironResearch Fellow, Centre for Coastal and Environment, Maritime Institute ofMalaysia15:10-15:40 Presentation“Dilemmas and Approaches in the New Ocean Regime: The Integration ofResource Utilization and Environmental Protection”Merlin M. MagallonaProfessor/College of Law Faculty, University of the Philippines15:45-16:00 Presentation“Paradigm Shift in Shipping and Preventing Marine Pollution”Eisuke KudoManaging Director, Special Researcher, Ship & Ocean FoundationCoffee Break16:15-17:15 Discussion17:30-19:00 Reception(10)Session 3: Legal and Policy Frameworks for Building and Implementing the International Order of the Seas09:30-10:00 Presentation“Sea-Defense and the Sovereignty and Jurisdiction of the State”Chen QimaoPresident, Shanghai Center for RIMPAC Strategic and International Studies10:05-10:35 Presentation“Protection of the Marine Environment and the Jurisdiction of Coastal States―International Cooperation to Prevent Pollution Caused by Ships―”Naoya OkuwakiProfessor, Graduate School of Law and Politics, University of Tokyo10:40-11:10: Presentation“Security and Environment in Archipelagic Waters and the Sovereignty andJurisdiction of the State”Hasjim DjalalMember of the Indonesian Maritime CouncilSpecial Advisor to The Minister of Maritime Affairs and FisheriesCoffee Break11:25-12:25 DiscussionLunchNovember 9, Saturday(11)Session 4: Review Session13:30-14:00 Presentation“The Pivot of the Environment and Peace in the Ocean”Kazumine AkimotoCounselor, Institute for Ocean Policy, SOFRepresentative, The Akimoto InstituteRear Admiral (Ret.), Japan Maritime Self-Defense Force14:05-14:35 Presentation“Maritime Security and International Cooperation - China’s Viewpoint”Ji GuoxingProfessor, Deputy Director, Shanghai Center for RIMPAC Strategic andInternational Studies14:40-15:10 Presentation“Security and International Cooperation in the Oceans”Kazuya NatsukawaAdviser, Hitachi, Ltd.Admiral (Ret.), Japan Defense AgencyFormer Chairman, Joint Staff Council, Japan Defense AgencyCoffee Break15:20-16:20 DiscussionCoffee Break16:30-16:40 General Overview16:40-16:45 Closing Address(12)会議名:地球未来への企画“海を護る”―海洋の平和維持と環境保護のための法的・政策的枠組と行動計画―開催日:平成14年11月8日(金)・9日(土)開催場所:東京都港区虎ノ門1-15-16 海洋船舶ビル10階ホール使用言語:日―英同時通訳開催趣旨:人類社会の繁栄は海上交通の発展によってもたらされてきたと言っても過言ではない。その反面の作用として、国家間の武力紛争において海上交通の破壊が繰り返されてきた。海上交通の保護は、今も変わらない安全保障上最大の課題である。国際環境の変動の中で、大海軍力による海上交通の破壊が生起する蓋然性は低くなっているものの、テロ支援国家あるいは国家以外の主体により引き起こされる非公然侵略行為や破壊・工作行為などが、海上交通の安全を阻害する新たな脅威として登場してきた。グローバル経済の進展のもと、海上交通網はまさに国際共有財となっており、海運活動や海上犯罪がボーダーレス化する中で、これら新たな脅威を抑制・排除するための「海の安全保障」態勢の構築が必要となっている。国際環境の変動は、一方で、あらゆる国家・主体に海洋へのアクセスの道を開くことになった。人類社会による海洋への関わりの深化は、沿岸部開発・工業化等による海域汚染と相俟って、海洋に「資源開発・確保に伴う環境問題」、「船舶活動に伴う環境問題」などを持ち込むことになった。それは、海洋生物資源の枯渇や生態系の破壊なども含む大きな概念としての「海洋の環境問題」である。「海」は生命とそれを育む地球環境メカニズムの源である。「開発」と「利用」の模索は、時として「環境」の問題を蔑ろにする。しかし、環境の悪化が生命生存のシステムを脅かす事態が危惧される時代において、一方で「人間の安全保障」が叫ばれるのであれば、海洋の環境保護は、生命維持の基盤たる「海」を“守る”ための広義の意味における「海の安全保障」上の問題として認識されなければならないはずである。前述した、新しく大きな二つの問題は、分野横断的かつ国際的な取組みと、国家主権あるいは管轄権との間に生じる、もう一つの新たな問題を提起する。国連海洋法条約は、すべての国家・主体に海洋の資源・環境保護と紛争の平和的解決のための「海洋管理」を義務付けるとともに、沿岸国には国家管轄水域の設定を認めている。国連海洋法条約に規定される主権的権利や管轄権は、時として国益にのみ指向され、それが隣接する沿岸国同士あるいは海洋利用国と沿岸国との間で深刻な紛争要因となり、海の安全保障環境を不安定なものとしている。法的・政策的枠組とその実行の態勢を整え、海国際会議の概要洋利用秩序の安定化を図る必要がある。以上三つの課題は、新しい広い意味での「海の安全保障」問題であり、地球未来に向けた「海を護る」視点で、研究がなされなければならないと考え、ここに、日本財団のご支援を受けて、国際会議「地球未来への企画“海を護る”」を開催することとした。主催:SOF海洋政策研究所(シップ・アンド・オーシャン財団)後援:国土交通省、環境省、防衛庁、海上保安庁、日本財団運営委員会:栗林忠男東洋英和女学院大学教授・慶應義塾大学名誉教授秋山昌廣シップ・アンド・オーシャン財団会長寺島紘士シップ・アンド・オーシャン財団海洋政策研究所所長秋元一峰シップ・アンド・オーシャン財団海洋政策研究所参与事務局:SOF海洋政策研究所(シップ・アンド・オーシャン財団)〒105-0001 東京都港区虎ノ門1-15-16 海洋船舶ビルTEL:03-3502-1828 FAX :03-3502-2033玉眞洋仙頭達也ヴィヴァル・カテリン・リー(13)プログラム09:30-09:35 開会挨拶寺島紘士(SOF海洋政策研究所所長)09:35-09:40 議長挨拶栗林忠男(東洋英和女学院大学教授・慶應義塾大学名誉教授)09:40-10:00 基調講演「海を護る“海洋の安全保障”―人類の海洋への作用に対応して―」秋山昌廣(シップ・アンド・オーシャン財団会長)Session 1:「海の安全保障その1:海上テロ、不審船等の新たな脅威」10:05-10:35 発表「海上テロリズムの可能性と脅威」Stanley Byron Weeks(Science Application International Corporation :SeniorScientist)10:40-11:10 発表「不審船事件の経緯と最近の事例」友永幸譲(海上災害防止センター理事、元海上保安庁警備救難監)< 休憩>11:25-11:55 発表「海上からの工作員の侵入」Seo-Hang Lee李瑞恒(Institute of Foreign Affairs and NationalSecurity,Ministry of Foreign Affairs, Republic of Korea : Director-General forSecurity Studies))12:00-13:00 ディスカッション< 昼食>(14)第1日11月8日(金)(15)Session 2:「海の安全保障その2:海洋環境の保護」14:00-14:30 発表「陸上起因による海洋汚染-東シナ海、中国-」Li Daoji李道季(State Key Laboratory of Estuarine and Coastal Research,East China NormalUniversity : Researcher/ Professor)14:35-15:05 発表「海上起因による汚染からの海洋環境保護」Mohd Nizam Basiron(Centre for Coastal and Environment, MaritimeInstitute ofMalaysia:Research Fellow)15:10-15:40 発表「新たな海洋レジームにおけるジレンマとアプローチ:資源利用と環境保護の統合」Merlin M. Magallona(College of Law Faculty, University of thePhilippines: Professor)15:45-16:00 発表「船舶と海洋汚染防止のパラダイムシフト」工藤栄介(シップ・アンド・オーシャン財団常務理事・特別研究員)< 休憩>16:15-17:15 ディスカッション17:30-19:00 懇親会(16)Session 3:「海洋秩序の法的・政策的枠組の形成と実行」09:30-10:00 発表「海上防衛と国家の主権および管轄権-中国の見方-」Chen Qimao 陳啓懋(Shanghai Center for RIMPAC Strategic andInternationalStudies:President)10:05-10:35 発表「海洋環境保護と沿岸国の管轄権-船舶起因汚染の防止と国際協力-」奥脇直也(東京大学大学院法学政治学研究科教授)10:40-11:10 発表「群島水域における安全保障と環境および国家の主権と管轄権」Hasjim Djalal, M.A..(Member of Indonesian Maritime Council, SpecialAdvisor to The Minister ofMaritime Affairs and Fisheries )< 休憩>11:25-12:25 ディスカッション< 昼食>Session 4:総合検討会13:30-14:00 発表「海洋における環境と平和の回転軸」秋元一峰(SOF海洋政策研究所参与、秋元海洋研究所所長)14:05-14:35 発表「海洋の安全保障と国際協力-中国の視点-」Ji Guoxing 季国興(Shanghai Center for RIMPAC Strategic andInternationalStudies:Professor, Deputy Director)14:40-15:10 発表「海の安全保障と国際協力」夏川和也(日立製作所特別顧問、元防衛庁統合幕僚会議議長)< 休憩>15:20-16:20 ディスカッション< 休憩>16:30-16:40 議長総括16:40-16:45 閉会挨拶第2日11月9日(土)C O N T E N T SGreetings ……………………………………………………………………………………………………………(2)Photographs…………………………………………………………………………………………………………(4)Conference Information ……………………………………………………………………………………………(6)ProceedingsWelcome Remarks……………………………………………………………………………………………………1Keynote SpeechMasahiro Akiyama ………………………………………………………………………………………………3“Maritime Security for the Protection of the Ocean -In Response to the Effectsof Mankind on the Ocean-”Session 1: Maritime Security: New Threats of Maritime Terrorism, Unidentified Ships, etc.Stanley Byron Weeks ……………………………………………………………………………………………11“The Possibility and Threat of Maritime Terrorism”Yukinobu Tomonaga ……………………………………………………………………………………………16“Suspicious Vessels in Japanese Waters: Details and Recent Incidents”Seo-Hang Lee ……………………………………………………………………………………………………22“Intrusion of Spies from the Sea”Discussion ………………………………………………………………………………………………………26Session 2: Maritime Security: Marine Environment ProtectionLi Daoji …………………………………………………………………………………………………………31“Ocean Pollution from Land Based Sources: East China Sea, China”Mohd Nizam Basiron ……………………………………………………………………………………………39“Protection of the Marine Environment from Sea-Based Pollution”Merlin M. Magallona ……………………………………………………………………………………………46“Dilemmas and Approaches in the New Ocean Regime: The Integration ofResource Utilization and Environmental Protection”Eisuke Kudo ……………………………………………………………………………………………………52“Paradigm Shift in Shipping and Preventing Marine Pollution”Hiroshi Terashima ………………………………………………………………………………………………58“WSSD and Ocean Issues”Discussion ………………………………………………………………………………………………………60Session 3: Legal and Policy Frameworks for Building and Implementing the International Order of the SeasChen Qimao ……………………………………………………………………………………………………65“Sea-Defense and the Sovereignty and Jurisdiction of the State -Chinese Perspectives”Naoya Okuwaki …………………………………………………………………………………………………73“Protection of the Marine Environment and the Jurisdiction of Coastal States-International Cooperation to Prevent Pollution caused by Ships- ”Hasjim Djalal ……………………………………………………………………………………………………80“Security and Environment in Archipelagic Waters and the Sovereignty and Jurisdiction of the State”Discussion ………………………………………………………………………………………………………92(17)Session 4: Review SessionKazumine Akimoto………………………………………………………………………………………………99“The Pivot of the Environment and Peace in the Ocean”Ji Guoxing………………………………………………………………………………………………………113“Maritime Security and International Cooperation - China's Viewpoint-”Kazuya Natsukawa ……………………………………………………………………………………………119“Security and International Cooperation of the Oceans”Discussion………………………………………………………………………………………………………126Chairman's ReportTadao Kuribayashi ……………………………………………………………………………………………129(18)目次あいさつ……………………………………………………………………………………………………………………(3)グラビア……………………………………………………………………………………………………………………(4)会議概要…………………………………………………………………………………………………………………(12)会議録開会挨拶……………………………………………………………………………………………………………………133基調講演秋山昌廣:海を護る「海洋の安全保障」-人類の海洋への作用に対応して- ……………………135Session 1「海の安全保障その1:海上テロ、不審船等の新たな脅威」Stanley B. Weeks:海上テロリズムの可能性と脅威…………………………………………………………141友永幸譲:不審船事件の経緯と最近の事例……………………………………………………………146Seo-Hang Lee:海上からの工作員の侵入………………………………………………………………………151討議概要……………………………………………………………………………………………………156Session 2「海の安全保障その2:海洋環境の保護」LiDaoji:陸上起因による海洋汚染-東シナ海、中国- ………………………………………………………161M. N. Basiron:海上起因による汚染からの海洋環境保護……………………………………………………170M. M. Magallona:新たな海洋レジームにおけるジレンマとアプローチ……………………………………177-資源利用と環境保護の統合-工藤栄介:船舶と海洋汚染防止のパラダイムシフト…………………………………………………183寺島紘士:WSSDにおける海洋問題……………………………………………………………………188討議概要……………………………………………………………………………………………………190Session 3「海洋秩序の法的・政策的枠組の形成と実行」Chen Qimao :海上防衛と国家の主権および管轄権-中国の見方- …………………………………………195奥脇直也:海洋環境保護と沿岸国の管轄権-船舶起因汚染の防止と国際協力- …………………204Hasjim Djalal:群島水域における安全保障と環境および国家の主権と管轄権……………………………211討議概要……………………………………………………………………………………………………219(19)Session 4「総合検討会」秋元一峰:海洋における環境と平和の回転軸…………………………………………………………225JiGuoxing :海洋の安全保障と国際協力-中国の視点-………………………………………………………238夏川和也:海の安全保障と国際協力……………………………………………………………………245討議概要……………………………………………………………………………………………………251議長総括栗林忠男……………………………………………………………………………………………………255(20)To all of our esteemed guests from both Japan and abroad, ladies and gentlemen, I wish you good morning. Ialso want to thank you for your participation in ‘Geo Future Project: Protect the Ocean’, an InternationalConference hosted by the Institute for Ocean Policy, SOF.We at the Institute for Ocean Policy, SOF, are guided by the principle of co-existence with the ocean, andtherefore believe that progress towards ocean governance is extremely important not only for our country but for theregion and the world. It was for this purpose that the Institute was established in April of last year with the supportof the Nippon Foundation, making it the first think tank in Japan devoted solely to ocean affairs. To achieve theseaims, we at the institute are continually undertaking policy research, as a part of the comprehensive and crosssectoralapproach indispensable to ocean governance. Based upon our results, we then make policyrecommendations and coordinate educational initiatives to raise awareness of ocean issues, in the hopes ofcontributing to the development of ocean governance in Japan, the region, and the world. Today’s meeting is anexample of our activities towards that end.Here, we should note the great changes of the last ten years affecting the oceans, which cover seventy percentof the earth’s surface. First, of course, was the ending of the fifty year long cold war. Next, in 1994, the UnitedNations Convention on the Law of the Sea came into effect, addressed the long contentious issues of the territorialseas by setting the twelve mile limit, and vastly increased the ocean jurisdictions of coastal countries by institutingthe Archipelagic Regime and the Exclusive Economic Zones. Environment and Development issues were the themeof Rio Summit in 1992, where the principle of Sustainable Development and Agenda 21 were formulated andadopted. Ten years later, in 2002, the World Summit on Sustainable Development was held in Johannesburg, SouthAfrica, producing a Plan of Implementation for sustainable development and related issues.Also, since the mid-1990s, smuggling, drugs, piracy, and other types of transnational crime have greatlyincreased, creating the need for regional and international counter-initiatives. Serious consequences for the oceanshave also followed the targeting of the World Trade Center and Pentagon in the September 11 terrorist attacks.In light of these changes, we believe there is a need for creating a new ocean-oriented security concept in linewith the new order of use and development and environmental protection of the oceans, getting away from thetraditional land-based concept emphasizing the military of sovereign states.In other words, we believe there is a need for a new security paradigm in which each country’s security isWelcome Remarks1Welcome RemarksHiroshi TerashimaExecutive Director, Institute for Ocean Policy, SOFconsidered in broader terms that take into account the economic benefits of use and development of the ocean andthe environmental advantages of its protection and conservation. The prerequisites of such a paradigm should bepeaceful coexistence among countries and shared rules for the new ocean regime.Discussion of the ‘Legal Frameworks and Action Plans for Maintenance of Peace on the Oceans andEnvironmental Protection’ is the admittedly ambitious goal we have set today before our panel of experts fromseven countries, China, Indonesia, Korea, Malaysia, the Philippines, the United States, and Japan.We look forward to your discussions today and tomorrow and to the fruitful insights they will no doubtproduce.Thank you.Welcome Remarks23Maritime Security for the Protection of the Ocean- In Response to the Effects of Mankind on the Ocean -Mother OceanJudging from all that we know about the universe or the Earth, there is no doubt that the ocean is the root of life,including that of mankind. One of the great tasks of space search is to find out whether life exists on planets otherthan the Earth, which ultimately means looking for the evidence of water on a faraway planet. Saying that water isessential in terms of its fundamental significance for the existence of life, more importantly, the ocean has broughttremendous benefits to mankind in the history of the Earth since the days we were born. “Mother Earth” is acommon phrase we often hear, but I feel the ocean is a better companion of the word “Mother.” Yes, it is “MotherOcean” for me.The ocean has given quite a lot to mankind in a unilateral way, but it has also accepted various nuisances andproblems. The ocean serves as a medium to allow mankind to move around freely. It plays a role of a motor tocirculate the water all over the globe that is necessary for life.It is also true that the ocean shows a stern face to mankind from time to time. Mankind has taken the oceanand its big love too much for granted, and that is why the ocean may get back at us severely someday. Now that weare in the 21st century, we may have entered a new era when earnest thinking about the ocean is indispensable.Effects of Mankind on the OceanMankind has been affecting the ocean in various ways in its long history. I’d like to emphasize the following fiveeffects the human race has had on the ocean:1. Fishery, to begin with. I won’t discuss the history of fishery now. Today we have serious problems about fishery,such as conflicts between deep-sea fishing countries and coastal fishing countries and particularly the conflictsbetween developing island countries and advanced countries. Recently emerging issues are the relationshipbetween fishing catches and the sustenance of ecosystem or protection of resources and marine environmentassociated with Illegal, Unregulated and Unreported Fishing (IUU). The future of food demand that requires aninevitable dependence on fishing resources to cope with a growing population on the Earth is another majorproblem. The idea of sea farming and sanctuary also draws our attention. After all, mankind has been and willKeynote Speech Masahiro AkiyamaKeynote SpeechPosition: Chairman, Ship & Ocean FoundationEducation: Faculty of Law, University of Tokyo graduateAkiyama joined the Ministry of Finance in 1964. He held positions as Director-General of the Tokyo Customs andDeputy Director-General of the Banking Bureau, which both belong to the Ministry of Finance through 1991, then hewent on to the Defense Agency and held posts as Director-General of the Bureau of Personnel, Director-General of theBureau of Finance, Director-General of the Bureau of Defense Policy and Administrative Vice Minister until hisretirement in 1998. He did research on security and ocean-related issues as a visiting scholar at Harvard University from1999 to 2001. Some of his works are Amerika no Sekai Senryaku to Nihon no Jiritsu and Nihon no Senryaku Taiwa gaHajimatta. (Both are written in Japanese).Masahiro Akiyamabe affecting the ocean through fisheries in various ways.2. Next, marine transport. Economic growth is the basis of mankind’s development. Recent economic growth on aninternational scale is attributable to the explosive development of trade through marine transport. If not for suchtremendous development of sea traffic both in terms of quantity and quality, no human growth as we enjoy ittoday would have been achieved. It is true that the development of aviation, or the explosive diffusion of theInternet, is certainly changing the way transnational activity is conducted, but cross-country travel of materials is99% dependent on marine transport. And this rate still continues to grow.One of the manifest benefits of the big love of the ocean is that anybody can freely use it for travelinganytime and as much as they like. But with the development of marine transport, humans have affected the oceanin various ways, such as marine pollution caused by ships, increasing risk associated with navigationalcongestion, shipwreck, which is inherent in inclement marine weather, inevitable breakout of piracy or marineterrorism, and environmental destruction by accidents or terrorism.3. Expansion of national power also has influential effects on the ocean. War, using navies and air forces, has such aserious effect that it makes us feel numb. History shows that in non-military cases, the total power of a nation,including its naval power or, if not military, marine transport, shipbuilding, harbor, marine trade, and maritimeinternational relationships, allowed powerful nations to obtain more territory for greater national profits throughthe ocean. As the marine paradigm changed from the Great Navigation Age, sea power age, and marinemanagement age, mankind has affected the ocean in a forced manner by causing various problems to the ocean,such as marine environmental pollution or domination of the sea that should originally be free of any dominion,in any of these ages. When war broke out, civil ships were attacked and sunk unconditionally. Look what wehave done to the sea after war: awful marine pollution. Imagine how Russian nuclear submarines have beenmanaged after the collapse of the Soviet Union. Don’t forget atomic bomb tests in the ocean, which is theunforgivable effect of national power on the ocean.4. In addition to fisheries, marine resource development is another issue that cannot be ignored. Pumping up oilfrom the bottom of the sea is already under way at various parts of the world. Furthermore, development of raremetals and other metal resources, search for valuable resources in a special environment on the bottom of thedeep sea, recovery of resources from sea water, and use of energy from the sea itself by means of the temperaturedifferences of sea water and currents are listed as major promising applications of the ocean. In addition toresource energy development, scientific research and development activities on the sea are actively beingconducted. But I think these activities are also the effects that mankind has on the ocean and they cause notsimply marine environmental problems, but various other impacts to the activity of the Earth itself and itsstructural and historical development.5. We must also include the effects of human activities on land in the effects of mankind on the ocean. The resultsof our life on land flow into the sea, mainly through rivers. Garbage is also dumped directly into the sea. Effectsrelated to population growth on the coastal area, including landfill work and construction work, also have seriousimpacts on the sea. Marine pollution by acid rain, a pollutant originating on land which affects the sea throughclimatic phenomena that require cross-sectional study covering both their land and marine aspects, is also anotherproblem, as well as pollution by particulate metal substances or plastic.On the other hand we cannot enjoy leisure time at the beach or in the sea, as we like, due to variousrestrictions and rights.The effects of mankind on the ocean are the eventual results of human development. Mankind always seeksfor growth. Growth is the wish of mankind. Particularly, amid the widening gap between North and South, it is apractical idea to think that the North-South problem will be solved only by the growth of the entire human being.4Keynote Speech Masahiro AkiyamaAre the developed nations entitled to insist developing countries put restrictions on growth? Would it ever occurthat developed nations choose to gear down their own development and take steps backward? If the assertion is“stop the economic growth,” it is equal to saying “Mankind, stop your growth.” Is there any solution to thisdilemma? In fact, the task we must face now is how we should think about the ocean with human growth as anindispensable condition.Limit of Ocean PowerThe ocean seems to have managed to accept the “human” effects with its big love. It may be able to continue to doit in the future, too. We, however, have also come to wonder if the ocean has its limits. It is also true that wehuman beings are more aware of our need to do whatever we can to sustain the ocean’s power. This is because thechanging situation has made mankind, a spoilt child of the ocean, sense that something strange is happening to theocean. Do we have scientific evidence that justifies our continued dependence on the ocean? If not, I think weshould give serious thought to “ocean security” for protection of the ocean against the creeping threat or the fear oruncertainty that something irrecoverable may happen.I used the term “ocean security” because of the following reason. Firstly, what should we think with regard tovarious effects that mankind has had on the ocean? The answer is, think about human effects from the viewpoint ofthe ocean. It eventually means “to protect the marine environment and ensure marine safety.”Now the word “security,” which was originally used to refer to national defense or military, has come to have awider sense to cover, for example, “human security.” If we accept the history of how this word has been used, wewill realize that what we have to think about now is “marine security,” that is, to protect the environment and safetyof the ocean. But to “protect” is more easily said than done. Just providing protection is not enough; to protect inwhat way is the very phrase that really matters.Standpoint of Marine SecurityI’d like to emphasize the following standpoints in terms of “to protect the ocean” or “marine security.”1. Understanding of the current environment of the ocean which we need to protect, clarification of the currentcondition of marine safety, study of the history of the ocean in terms of marine environment or safety, andverification of potential problems. Although sounding rather monotonous, these fact-finding actions, includingmeasurement, should be conducted for a long period of time (at least a decade; the period of a century may notsound unrealistic in this case). It is also considered important and valuable to get a perspective view of all theinvestigations made so far in various forms, gather available information, process it as required, give feedback,and disclose the results and achievements.2. “Protection” is hard to realize. I understand the action of some people who try to protect nature with all theirmight as a political campaign, as in the case of Greenpeace activities, but if the purpose is simply “to hold thestatus quo” as a political concept, it is likely to go against harmonization with human development or coexistenceof mankind and the ocean. Such an idea would not help clear the repulsion of developing countries against theadvanced countries. “To hold the status quo” could be meaningful as a campaign, but it is no solution to theproblem we face.After all, the crucial question is “to protect in what way.” “Sustainable development,” a catchword of theUN Environmental Summit, is a powerful concept, but the problem is how to realize it.In this case, standing on the side of the ocean, it seems that review and research from the human side areextremely subdivided into individual fields and disciplines that are all coming from human thinking. From theviewpoint of the ocean, all effects that mankind has on the ocean are done totally and are deeply correlated with5Keynote Speech Masahiro Akiyamaeach other. If any measures are necessary, they should never come from that much individualized reviews. I feelthat what is necessary is something that embraces natural science, social science, and whatever you have.Furthermore, any borderline drawn on the ocean to define the “territorial waters” or EEZ is completelyignored by the ocean, as this “nature” moves around across all those conceptual lines. In tackling marine issues,solutions will only come from a review from an international viewpoint or border-free international cooperation,and none else, which is completely different from other issues. One of the recent hot issues from the viewpointof marine security is piracy. For example, there is an idea of using a satellite surveillance system to watch overpirates. Considering the funds, human resources, and system effectiveness and efficiency, such a system candefinitely play various roles from the standpoint of marine environment protection. This fact is a clear sign thattackling marine issues requires promotion of interdisciplinary and cross-sectional research, study, and measures.This is the most serious lack of today’s effort in marine issues.3. We finally established the United Nations Convention on the Law of the Sea through a long discussion andcoordination and put it to practice in 1992. Although the USA has yet to ratify it, they have already accepted thecontents of this convention and are expected to ratify it in the near future. We now have a framework based oninternational agreement, but there are two major problems unsolved: interpretation of the convention andexecution of the legal system. For the former, various important problems are left unclarified, and interpretationsand facts must be accumulated to form a set of rules in the future. For the latter, the capability of the executionorganization and marine managers and the formation of international cooperation on operation of the conventionare the main worries. In either case, when mankind is to address marine issues, it is considered impossible tocarry out any research or review without touching the problems related to the United Nations Convention on theLaw of the Sea that mankind finally formulated.Legal frameworks at an international level include various conventions and agreements on marine transport,shipping, seamen, environment, meteorology, fisheries, and resources. These frameworks should also be takeninto consideration.4. In post-war Japan, we have excessively curbed discussion on military power, but it is not appropriate to ignore thehistorical fact that the world’s major powers affected the ocean using naval power or other types of sea power. Asthe era is changing from the Great Navigation Age to the sea power age and the marine management age, it is oneof the important tasks to use this naval power, whose main purpose is to maintain national profits, to address themuch larger target of the issue of ocean management.Also applicable to all the problems mentioned above, the necessity, concept, feasibility, and requirements ofmarine management or ocean governance are not sufficiently studied as of today.ConclusionI want to conclude my keynote speech while thinking about our own country.Japan is in the highest class of the world in phenomena like marine transport, shipbuilding, fisheries, andmarine trade. In addition, given its geographical form and long history, Japan is no doubt one of the marine powers.As such, the sea saved the national polity a few times in the past. On the contrary, the development of nationalpolicies that neglected the destiny to become a marine nation caused Japan to fail. The miraculous restorationachieved in the period of half a century after World War II, which is a very short time from the viewpoint ofhistorical chronology, is also a blessing of the status of a marine nation, although we are not keenly aware of it. Weare the people who are most endowed with the benefits of the ocean in the world.But then why are the Japanese so indifferent to the ocean? Perhaps we may lose interest in things we can6Keynote Speech Masahiro Akiyamaeffortlessly obtain, like air and water, but it is also Japan that will receive the greatest damage once the oceandecides to get back at us. I believe the Japanese are obliged to give all that we have to the issue of marine security.I believe mankind, and especially the Japanese in the land of a marine power, must be proactive against attacks fromthe ocean and also protect the ocean from the ocean’s viewpoint, while always holding a feeling of awe at the ocean.Keynote Speech Masahiro Akiyama79Session 1-1 THE POSSIBILITY AND THREAT OF MARITIMETERRORISMSession 1-2 Suspicious Vessels in Japanese Waters: Detailsand Recent IncidentsSession 1-3 Intrusion of Spies from the SeaDiscussionsSession 1Maritime Security: New Threats of MaritimeTerrorism, Unidentified Ships, etc.11INTRODUCTIONHeightened concern over maritime terrorism predates the 11 September 2001 terrorist attacks in the United States,as such concern has been intense since the terrorist attack on the USS Cole in Aden, Yemen in October 2000.However, the heightened alert status since the 11 September attacks has resulted in serious and sustained attention tothe broad potential scope of maritime terrorism―to commercial shipping as well as naval vessels, and in ports aswell as at sea. This new appreciation of the potential scope of the maritime terrorism problem is leading toorganizational, operational, and technological initiatives by the United States and others to address the problem, andalso leading the United States and other nations to enhance international cooperation against maritime terrorism.SCOPE OF MARITIME TERRORISMTerrorist events of the past two years have provided the United States and the international community a soberingwake-up call on the potential scope of maritime terrorism. An appreciation of the breadth of this threat is essentialto understanding the nature of organizational, operational, and technological changes needed to counter the threat -as well as the essentiality of enhanced international cooperation.1The great majority of world trade is transported by ships, and the volume of seaborne trade is expected todouble in the next fifteen years. In an increasingly globalized world, this means that maritime terrorism can rendervulnerable a central component of the global economy that is the basis for global prosperity and economicdevelopment. In short, the potential for maritime terrorism is not a peripheral problem that can be ignored orwished away, but a central threat that must be addressed.For analytic purposes, this paper will break down the broad scope of the maritime terrorism problem into twomajor areas of threat - threat to naval vessels and naval bases, and threats to commercial shipping, both underwayand in ports. To date, the most publicized threats to naval vessels have been suicide small boat attacks―such asthat on the USS Cole in 2000, and the recently revealed plots by Al Qaeda members based in Morocco to attack USand UK ships in the Straits of Gibraltar.2 But there are other maritime terrorist threats to naval vessels, at sea or inport, such as aircraft (manned or unmanned), underwater swimmers with explosives, or even a terrorist mini-sub.Maritime terrorist threats to commercial shipping include threats inport (in the U.S. or overseas) and underway (onSession 1-1 Stanley B. WeeksTHE POSSIBILITY AND THREAT OF MARITIME TERRORISMSession 1-1Stanley B. WeeksPosition: Senior Scientist, Science Application International Corporation / Adjunct Professor, US Naval War CollegeEducation: B.S. from US Naval Academy/ Ph.D. and M.A. in International Studies from the American UniversityWeeks served in the US Navy from 1970-1990, drafting the Maritime Strategy and serving the U.S. State DepartmentPolitico-Military Bureau. He has since 1990 been in his present position at SAIC. His current and recent work includesport security defense planning, support of the SAIC-led multinational team's Layered TBMD Feasibility Study forNATO, and support of the Office of the Secretary of Defense in analysis of current Asia-Pacific security issues. He is theUS representative to the international CSCAP Maritime Cooperation Working Group. He is engaged in various fieldssuch as multilateral security cooperation, Theater Missile Defense and regional maritime security cooperation.the high seas, or in straits/restricted waters). Commercial shipping includes not only merchant ships - including oiland chemical carrying tankers, liquefied natural gas (LNG) carriers, and ships transporting nuclear materials forreprocessing―but also passenger ships such as large cruise liners and passenger ferries.In addition to potential maritime terrorist acts by suicide small boat, aircraft, or swimmers (similar to thosepossible for naval vessels), there are numerous “high profile” options for maritime terrorism on commercialshipping. Suicide small boat attacks, like that on the USS Cole, could also be directed at commercial shipping.Indeed, at this writing, there is strong suspicion that the October 6, 2002 explosion and fire aboard the French oiltanker Limburg off the coast of Yemen was such an attack. Beyond the immediate ship targeted by such an attack,the potential costs to the marine environment and to the global oil and shipping markets are serious indeed. Anotherpossibility is that, like the commercial aircraft used in the 11 September terrorist attacks in the United States,terrorists could seize a merchant ship and use the ship itself as a weapon, driving it into other ships, into port orcommercial facilities (including refineries), or into oil/gas platforms at sea. Similarly, a cruise ship could behijacked, with up to thousands of passengers onboard.3 Oil/gas platforms at sea could be attacked or seized bymaritime terrorists, with the loss of hundreds of lives and―as with commercial ships such as oil/chemical tankers,LNG carriers, and nuclear material transport ships―the creation of an environmental disaster far worse than that ofthe Exxon Valdez. Maritime terrorists can also use commercial shipping and containers to transport weapons andeven personnel. The Al Qaeda terrorist network has been report to own 23 ships, and a major multinational“Leadership Interdiction Operation” (LIO) in the Arabian Sea/Horn of Africa area has been underway since the fallof 2001 to prevent Al Qaeda personnel from escaping by sea.The most serious threat of maritime terrorism is the use of commercial shipping and containers as a deliveryplatform for Weapons of Mass Destruction (WMD). As will be elaborated below, maritime terrorists could usecommercial shipping/containers to import a nuclear weapon, “dirty” bomb with radiological material, or chemicaland biological weapons.COUNTERING MARITIME TERRORISMThe U.S. experience with countering the maritime terrorism threat to Naval vessels has been intensive since theOctober 2000 terrorist attack on the USS Cole and involves aspects that also have relevance to many aspects ofcommercial shipping’s defense against maritime terrorism. Since the Cole attack, the U.S. Navy changes to antiterroristforce protection (AT/FP) policies have focused on several critical areas. Intelligence doctrine, and alertingprocedures (tactics, techniques and procedures) have been improved, as has training.4 Action is ongoing to improvesensors and armament to deal with the detection and close-in terrorist threats to ships. Perhaps most important, andof most relevance to also countering maritime terrorist threats to commercial shipping is enhanced port security,from the gate to the waterfront. This includes increased standoff zones seaward of the piers (for example, the LosAngeles Times reports a 500 yard security zone and a 100 yard no-go zone being established.)5 Pierside, there areincreased security patrols and barriers. At the entry to the naval base/port, enhanced entry security and barriersprovide a first line of defense landward. For naval vessels underway at sea, recent enhanced defense against themaritime terrorist threat includes the stopping and searching of suspicious vessels in the Arabian Gulf/Horn ofAfrica area―with the explicit official Notice to Mariners warning that “any perceived hostility to U.S. or officialcoalition naval units will result in the destruction of the commercial vessel.” Since September 2001, the U.S. hasalso maintained a ship on patrol in the critical Strait of Malacca to counter terrorists or piracy (the threat of piratesapproaching or boarding ships in such critical restricted waters being virtually indistinguishable in action from amaritime terrorist act.)6 Indeed, in mid-April 2002, the U.S. ship then in the Strait of Malacca was joined by awarship of the Indian Navy in a joint patrol.7 These anti-terrorism/piracy patrols in the Strait of Malacca have notresulted in any terrorist or pirate seizures, but the deterrent effect is suggested by a decline in the Malacca piracynumbers in recent months.12Session 1-1 Stanley B. WeeksPORT SECURITYIn countering the threat of maritime terrorism, port security (particularly in commercial ports, with theirtraditionally more open access and high traffic volumes) is clearly the greatest challenge. This is even more so sincethe maritime terrorist threat with the most serious consequences is the import in commercial ships/containers ofWeapons of Mass Destruction (nuclear, radiological, chemical or biological.) There are 361 ports (50 of them majorports) in the United States, through which pass each year $750 Billion in cargo (equal to 20 percent of the U.S.economy). These ports receive six million cargo containers―only two percent of which have in the past beenphysically inspected by Customs, and all of which could carry terrorist personnel, explosives, guns, or WMD.8 Theproblem is clear―how to ensure that commercial ships/containers are not used as a terrorist tool. The problem isalso real, not just hypothetical―the Al Qaeda explosives used to blow up U.S. Embassies in two East Africancountries in August 1998 arrived by ship in Kenya.9 In late September 2001, Italian authorities discovered an Arabman in a container onboard a ship about to sail for Halifax, Canada, equipped with satellite and mobile telephones, acomputer, an aircraft mechanic’s certificate, and plans and security passes for airports in Canada. In May 2001,U.S. Senator Bob Graham (Chairman of the Senate Intelligence Committee) revealed that 25 “extremists” hadrecently entered the U.S. hiding in cargo containers.10The United States is taking action to enhance port security against maritime terrorism through changes inorganization, operations, and technology. Organizationally, President Bush proposed on 6 June the creation of anew cabinet Department of Homeland Security, which would include several of the agencies most critical to portsecurity, such as the Coast Guard, Customs, and Immigration and Naturalization Services. The first element ofenhanced port security is, of course, improved intelligence sharing, now and under the new Department in thefuture, between these agencies, as well as others such as the FBI, CIA, Drug Enforcement Agency, and NavalIntelligence. Initial operational measures taken to tighten port security have included establishing port securityzones landward and seaward (including 24 hour patrols and even random underwater sweeps), and increased lawenforcement personnel and responders. Since September 2001, the U.S. Coast Guard has required 96 hours advancenotice of entry to U.S. ports for certain vessels of concern. More difficult in heavy trafficked (and unionized) busycommercial ports are the necessary measures to restrict free access to piers and to screen personnel working inports. Also, a new program of Sea Marshals has now been established, to board and inspect selected ships at seaand escort them to and from ports. The U.S. Senate and House of Representatives have recently passed a bill(currently in conference to agree on a single text) requiring the U.S. Coast Guard to conduct vulnerabilityassessments on U.S. and foreign ports (with entry to U.S. ports potentially denied to ships coming from foreignports lacking antiterrorism measures.) That bill also requires that a cargo identification and screening system bedeveloped and maintained for all containers shipped to or from the United States.11The U.S. Coast Guard has, since September 2001, assumed a leading role in U.S.― and international ―initiatives to enhance port security. The Coast Guard has traditionally played key roles in port organization throughits missions as Port Captains, Marine Inspection, and Marine Pollution Control, but port security previously was lessthan two percent of daily Coast Guard operations. Since September 2001, port security has grown to between 50and 60 percent of daily Coast Guard operations.12 The Coast Guard has extended the security zone to seawardthrough such measures as the 96 hour advanced notification requirements for port entry, and has requested authorityto stop ships 12 miles (instead of 3 miles) from port. In November 2001, Coast Guard Commandant Admiral JamesLoy presented the 162 nations of the UN’s International Maritime Organization in London with several keyproposals to improve maritime security against the terrorist threat.13 The IMO backed proposals to requireautomatic identification systems (transponders) to be fitted on all larger ships, to require security plans for ships,port facilities and offshore terminals, and to require assessment of vulnerabilities of ports to terrorist attacks.However, the IMO nations have yet to approve two other proposals―the sharing of information on the ultimateownership of vessels, and requiring all seamen to receive background checks, and to carry verifiable identificationdocuments (fraudulent certificates for seamen have been a serious problem).1413Session 1-1 Stanley B. WeeksThe U.S. Customs Service, along with the Coast Guard, has also been acting to address the potential threatfrom the six million containers now entering U.S. ports each year largely uninspected. The key to this is the conceptof “point of origin” inspection and certification of containers destined for U.S. ports. As described by the U.S.Customs Commissioner, the goal of the “Container Security Initiative” is to reach agreements with the governmentsof the 20 major world ports that account for 68 percent of all container traffic to the U.S., to provide U.S. Customspersonnel to assist national port personnel in inspecting and certifying “high-risk” containers before they areshipped to the U.S. (eventually, containers would also

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