Statement by Mr. KAWASE Taro, Counsellor, Permanent Mission of Japan to the United Nations, at the seventy-sixth session of the United Nations General Assembly, 46th plenary meeting on Oceans and the law of the sea 7 December 2021 (Agenda Item 78 (a) and (b))
2021/12/7
Mr. President,
Let me begin by thanking Ms. Natalie Morris Sharma of Singapore and Mr. Andreas Kravik of Norway for their dedication and excellent coordination in preparing the draft resolutions. Japan also wishes to express its appreciation for the constructive engagement of our fellow Member States and the invaluable support of the Division for Ocean Affairs and the Law of the Sea (DOALOS) throughout the process.
First of all, my delegation would like to stress the utmost importance of maintaining and strengthening a maritime order based on the rule of law, especially for a nation like Japan that is surrounded by the ocean.
It is against this background that Japan strongly upholds the universality and comprehensiveness of the United Nations Convention on the Law of the Sea (UNCLOS), which provides for freedom of navigation and overflight, freedom on the high seas, the protection and preservation of the marine environment and the peaceful settlement of disputes.
The year 2022 will mark the 40th anniversary of the adoption of the Convention, which sets out the legal framework within which all activities in the oceans and seas must be carried out. Since its entry into force, Japan has constructively and proactively contributed to the maritime order under the Convention.
For example, Japan is committed to contributing to the work of the Intergovernmental Conference (IGC) with the goal of creating a well-balanced international legally binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) for the benefit of the international community.
Japan has also constructively engaged in the work of the International Seabed Authority (ISA) including in its efforts to formulate reasonable regulations on mineral exploitation which properly strike a balance between exploitation and environmental considerations.
Mr. President,
My delegation would further like to underscore the importance of the rule of law as the basis for peace and prosperity in every part of the world’s oceans. The effective implementation of UNCLOS is also an essential basis for the achievement of Goal 14 and related Sustainable Development Goals. Japan is determined to continue cooperating with fellow Member States with the view to maintaining and strengthening the maritime order based on UNCLOS.
In this connection, my delegation is pleased to announce that Japan has decided to nominate Ambassador HORINOUCHI Hidehisa, the Ambassador of Japan to the Kingdom of the Netherlands and an experienced diplomat with profound knowledge of international law, as a candidate for a judge of the International Tribunal for the Law of the Sea (ITLOS) at the elections to be held in June 2023. Japan highlights Ambassador Horinouchi's notable engagement and dedication at the time of Japan's ratification of UNCLOS.
Furthermore, Japan has also decided to re-nominate Professor YAMAZAKI Toshitsugu, who is a current member of the Commission on the Limits of the Continental Shelf (CLCS) and one of Japan’s most prominent marine geologists, as a candidate for a Member of the Commission at the elections to be held in June 2022.
We are confident that both of our candidates will make significant contributions to the maritime order based on the rule of law with their professionalism and profound expertise in their respective fields.
Mr. President,
This year’s draft resolution, “Oceans and the Law of the Sea”, confirms our commitment to a rules-based maritime order and covers a wide range of oceanic issues. Japan is pleased to co-sponsor the draft resolution.
In this context, my delegation would like to share a few observations on the latest developments and issues relating to ocean affairs and the law of the sea.
My delegation would like to recall the recent exchange of Notes Verbales in the CLCS where a number of countries clarified their legal positions regarding the South China Sea issue, which Japan wishes to invite all Member States to follow closely. Based on the viewpoint that Japan expressed in its Note Verbale dated 19 January 2021, we would once again like to state that, taking into consideration the universality and comprehensiveness of UNCLOS, all maritime claims must be based on the relevant provisions of UNCLOS.
We would like to further recall with emphasis the East Asia Summit (EAS) this year where, with regard to the South China Sea, our leaders concurred on the importance of pursuing peaceful resolution of disputes, without resorting to the threat or use of force, in accordance with international law, as well as on the importance of non-militarisation and self-restraint in the conduct of all activities, as stated in the Chairman’s Statement.
Next, my delegation would like to take up the issue of Climate Change-Related Sea-Level Rise, which poses a serious challenge to the international community, especially small island States. Taking into account the urgency of this issue, Japan is committed to working closely with relevant countries, including the Pacific Islands Forum members that issued the Declaration on Preserving Maritime Zones in the Face of Climate Change-Related Sea-Level Rise last August.
Japan wishes to echo the views of many countries that, in tackling this issue, the integrity of UNCLOS as a “Constitution for the Oceans” should be respected. In this context, we appreciate that the aforementioned PIF declaration is also in line with this understanding, and we would like to stress that Japan and the PIF countries concurred on the importance of establishing maritime zones in accordance with the relevant provisions of UNCLOS as shown in Leaders’ Declaration of the Ninth Pacific Islands Leaders Meeting held in July.
Last but not least, Japan is a nation that derives its sustenance from the ocean like other fellow countries, and my delegation would accordingly like to reiterate the importance of ensuring the conservation and management of marine living resources for the sake of sustainable use. In this respect, we believe it necessary to continue paying due respect to the roles played by competent Regional Fisheries Management Organizations (RFMOs) while giving due regard to the sovereign rights of coastal States in their exclusive economic zones. Every State should also fulfill its duties and responsibilities under relevant international laws through effective exercise of its jurisdiction and control over vessels flying its flag.
However, in recent years we have witnessed practices clearly contrary to such a rules-based maritime order all over the world. All States concerned must work closely together to tackle these situations. As part of these efforts, Japan continues to promote the ratification of the FAO Port State Measures Agreement (PSMA) to combat Illegal, Unreported and Unregulated (IUU) fishing.
Mr. President,
Japan will continue cooperating with fellow Member States that share its belief in the importance of the rule of law as a universal value, and persistently make efforts towards a free and open Indo-Pacific.
In closing, let me reiterate Japan’s wish that the draft resolutions “Oceans and the Law of the Sea” and “Sustainable fisheries”, which are the result of cooperative work by Member States, will be duly adopted by the General Assembly.
I thank you, Mr. President.
Let me begin by thanking Ms. Natalie Morris Sharma of Singapore and Mr. Andreas Kravik of Norway for their dedication and excellent coordination in preparing the draft resolutions. Japan also wishes to express its appreciation for the constructive engagement of our fellow Member States and the invaluable support of the Division for Ocean Affairs and the Law of the Sea (DOALOS) throughout the process.
First of all, my delegation would like to stress the utmost importance of maintaining and strengthening a maritime order based on the rule of law, especially for a nation like Japan that is surrounded by the ocean.
It is against this background that Japan strongly upholds the universality and comprehensiveness of the United Nations Convention on the Law of the Sea (UNCLOS), which provides for freedom of navigation and overflight, freedom on the high seas, the protection and preservation of the marine environment and the peaceful settlement of disputes.
The year 2022 will mark the 40th anniversary of the adoption of the Convention, which sets out the legal framework within which all activities in the oceans and seas must be carried out. Since its entry into force, Japan has constructively and proactively contributed to the maritime order under the Convention.
For example, Japan is committed to contributing to the work of the Intergovernmental Conference (IGC) with the goal of creating a well-balanced international legally binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) for the benefit of the international community.
Japan has also constructively engaged in the work of the International Seabed Authority (ISA) including in its efforts to formulate reasonable regulations on mineral exploitation which properly strike a balance between exploitation and environmental considerations.
Mr. President,
My delegation would further like to underscore the importance of the rule of law as the basis for peace and prosperity in every part of the world’s oceans. The effective implementation of UNCLOS is also an essential basis for the achievement of Goal 14 and related Sustainable Development Goals. Japan is determined to continue cooperating with fellow Member States with the view to maintaining and strengthening the maritime order based on UNCLOS.
In this connection, my delegation is pleased to announce that Japan has decided to nominate Ambassador HORINOUCHI Hidehisa, the Ambassador of Japan to the Kingdom of the Netherlands and an experienced diplomat with profound knowledge of international law, as a candidate for a judge of the International Tribunal for the Law of the Sea (ITLOS) at the elections to be held in June 2023. Japan highlights Ambassador Horinouchi's notable engagement and dedication at the time of Japan's ratification of UNCLOS.
Furthermore, Japan has also decided to re-nominate Professor YAMAZAKI Toshitsugu, who is a current member of the Commission on the Limits of the Continental Shelf (CLCS) and one of Japan’s most prominent marine geologists, as a candidate for a Member of the Commission at the elections to be held in June 2022.
We are confident that both of our candidates will make significant contributions to the maritime order based on the rule of law with their professionalism and profound expertise in their respective fields.
Mr. President,
This year’s draft resolution, “Oceans and the Law of the Sea”, confirms our commitment to a rules-based maritime order and covers a wide range of oceanic issues. Japan is pleased to co-sponsor the draft resolution.
In this context, my delegation would like to share a few observations on the latest developments and issues relating to ocean affairs and the law of the sea.
My delegation would like to recall the recent exchange of Notes Verbales in the CLCS where a number of countries clarified their legal positions regarding the South China Sea issue, which Japan wishes to invite all Member States to follow closely. Based on the viewpoint that Japan expressed in its Note Verbale dated 19 January 2021, we would once again like to state that, taking into consideration the universality and comprehensiveness of UNCLOS, all maritime claims must be based on the relevant provisions of UNCLOS.
We would like to further recall with emphasis the East Asia Summit (EAS) this year where, with regard to the South China Sea, our leaders concurred on the importance of pursuing peaceful resolution of disputes, without resorting to the threat or use of force, in accordance with international law, as well as on the importance of non-militarisation and self-restraint in the conduct of all activities, as stated in the Chairman’s Statement.
Next, my delegation would like to take up the issue of Climate Change-Related Sea-Level Rise, which poses a serious challenge to the international community, especially small island States. Taking into account the urgency of this issue, Japan is committed to working closely with relevant countries, including the Pacific Islands Forum members that issued the Declaration on Preserving Maritime Zones in the Face of Climate Change-Related Sea-Level Rise last August.
Japan wishes to echo the views of many countries that, in tackling this issue, the integrity of UNCLOS as a “Constitution for the Oceans” should be respected. In this context, we appreciate that the aforementioned PIF declaration is also in line with this understanding, and we would like to stress that Japan and the PIF countries concurred on the importance of establishing maritime zones in accordance with the relevant provisions of UNCLOS as shown in Leaders’ Declaration of the Ninth Pacific Islands Leaders Meeting held in July.
Last but not least, Japan is a nation that derives its sustenance from the ocean like other fellow countries, and my delegation would accordingly like to reiterate the importance of ensuring the conservation and management of marine living resources for the sake of sustainable use. In this respect, we believe it necessary to continue paying due respect to the roles played by competent Regional Fisheries Management Organizations (RFMOs) while giving due regard to the sovereign rights of coastal States in their exclusive economic zones. Every State should also fulfill its duties and responsibilities under relevant international laws through effective exercise of its jurisdiction and control over vessels flying its flag.
However, in recent years we have witnessed practices clearly contrary to such a rules-based maritime order all over the world. All States concerned must work closely together to tackle these situations. As part of these efforts, Japan continues to promote the ratification of the FAO Port State Measures Agreement (PSMA) to combat Illegal, Unreported and Unregulated (IUU) fishing.
Mr. President,
Japan will continue cooperating with fellow Member States that share its belief in the importance of the rule of law as a universal value, and persistently make efforts towards a free and open Indo-Pacific.
In closing, let me reiterate Japan’s wish that the draft resolutions “Oceans and the Law of the Sea” and “Sustainable fisheries”, which are the result of cooperative work by Member States, will be duly adopted by the General Assembly.
I thank you, Mr. President.