Symposium Highlights: Maritime Security and the U.S.-Japan Alliance

Washington, D.C. –– The two largest economies in the world both rely heavily on the world's oceans; however, the U.S. and Japan do not always see eye-to-eye regarding the protection of marine infrastructure.

Today, close to $50 billion a year can be attributed to commercial and recreational saltwater fishing in the U.S. In terms of tonnage, Japan's annual fish catch outweighs the U.S. and is second only to the People's Republic of China. To say that fishing is a major industry in Japan (and in the U.S.) is an understatement, even in the face of declining workforces. Even greater than the ocean's importance to the fishing industries is the critical role that seafaring plays in international trade –– 90% of which is by sea.

“Japan is bound to the U.S. by a shared set of values…Japan and America can, indeed must, work jointly as a stabilizing force,” stated Secretary General Taro Aso* at the Maritime Security and the U.S.-Japan Alliance meeting held on March 5, 2008 in Washington, D.C. Themes that resounded among the speakers and panelists at the conference highlighted shared values, as well as challenges facing the critical relationship between the biggest sea power in the world and the island nation that is the greatest economic powerhouse of Asia.

Not forgotten by this crowd was China looming nearby –– not only in terms of proximity to Japan but also in terms of its growing economy and concomitant impact on the world's oceans. Aso asserted, “China has little transparency in its defense policy, and yet it is rapidly building a navy.” In 2004, China replaced the U.S. as Japan's biggest trading partner yet the two Asian nations face ambivalence in terms of their diplomatic relationships.

Although Aso's remarks focused primarily on the positive future for a continued joint alliance between the U.S. and Japan and recognized the U.S. naval presence in the region as a key factor in “safe seas” for Japan, others spoke less optimistically citing a growing ambivalence not only pertaining to China but also expressed concerns about the relationship between the U.S. and Japan.

Echoing the words of former U.S. Ambassador Mike Mansfield, Senator Daniel Inoue (D-HI) noted that in the current climate “the most important bilateral relationship we have today is with Japan.” However, the Senator warned of growing unrest. “[The United States] has two wars going on,” said Senator Inoue adding that international opinion, as well as that of many Americans, calls for U.S. troops to withdraw from Iraq.

Masahiro Akiyama, Chairman of the Ocean Policy Research Foundation, asserted that “without constant effort to strengthen it,” the alliance between the two countries would falter. Akiyama emphasized that 70% of the surface of the earth –– the oceans –– faces daunting challenges ranging from piracy to marine resource exploitation.

Before the 1980s, “there was the notion that the sea did not belong to anyone,” Yohei Sasakawa, Chairman of the Nippon Foundation, commented. The United Nations Convention on the Law of the Sea in 1982 (UNCLOS) changed that. One hundred and fifty-six countries, including Japan, have ratified UNCLOS, which officially took effect in 1994.

Although the U.S. has not yet ratified the treaty, President Reagan issued a proclamation consistent with UNCLOS provisions in 1988 designating the U.S. territorial sea as twelve nautical miles from the nation's baseline. As a result, U.S. territorial waters today span nearly 4.5 million square miles and are 23% larger than the nation's landmass. Likewise, Japan's territorial waters extend to the 12-nautical-mile maximum.

UNCLOS effectively removed the historical concept of “freedom of the seas” noted Sasakawa, by granting Exclusive Economic Zones (EEZ) to every coastal nation. Sasakawa contended that, coincidentally, global conflict and competition have been on the rise as a result of attempts to determine precise jurisdictional authority.

Furthermore, according to Sasakawa, some countries do have not the infrastructure or resources to control illegal activities –– including drug smuggling, piracy, and people trafficking –– in their “sovereign waters.” Thus, in some respects, the strict interpretation of territorial waters and sovereignty laws has led to exploitation notably in the Malacca-Singapore Strait and in the waters off the coast of Somalia. According to the International Maritime Bureau, there were 263 acts of piracy in 2007; 70 cases took place in Southeast Asia while 120 attacks were reported off the coast of Africa.

In speaking about the need to prevent further abuses and redefine seapower, Tara Aso (reported to be a top contender as Japan's next prime minister) highlighted a threefold approach –– international collaboration, solid science, and public-private partnerships. With respect to international collaboration, Aso asserted that “the U.S. should take a leading role, with Japan as its closest running mate. But it should involve other democratic sea powers, notably Australia and India in the Asia-Pacific region, and NATO partners like Great Britain...”

Regarding science, Aso highlighted the need not only for “hard power” but also for “soft power.” “The kind of leadership we seek ought to be based as much on knowledge and experience as on might. Oceanic science and R&D in Japan stands tall in the world…I know you can say the same for the U.S.” Thirdly, he noted that public-private partnerships geared towards peaceful sea commerce and passage should be considered a norm as opposed to the exception.

The pivotal role that Aso envisions for the U.S. in his three-pronged approach may be taking an interesting turn as the U.S. reconsiders ratification of UNCLOS. At the Arctic Ocean Conference in Greenland this May, the American delegation hinted at this possibility. Despite Republican opposition in Congress, President Bush has been behind the move to ratify the U.N. provision, particularly in light of the Arctic resources that other signatory nations, including Russia and Canada, can access.

According to Yohei Sasakawa, two Bush Administration initiatives towards protecting marine transport infrastructure –– the Proliferation Security Initiative (PSI) and the Container Security Initiative (CSI) –– have had mixed reviews outside the U.S. largely due to the fact that related efforts do not involve international collaboration or private-sector participation. U.S. ratification of UNCLOS may be just the kind of internationally minded approach that some other nations have been hoping to see from the U.S. As the presidential election draws near in this country, however, the issue of UNCLOS ratification by the U.S. seems likely to be among a hefty stack of issues on the desk in the Oval Office come January 20, 2009.

*On September 22, 2008, the Honorable Taro Aso was chosen by Japan's ruling Liberal Democratic Party to become Japan's Prime Minister.

For more information, contact the writer at kkernodle@fkassociates.com . Also, a complete copy of Taro Aso's presentation at the Maritime Security and the U.S.-Japan Alliance seminar is available here: http://www.aso-taro.jp/lecture/20080305_voice.pdf

REFERENCES:

Juliet Eilperin. “Ocean Exploitation Surfaces as Crisis.” The Washington Post. October 9. 2004.

Joshua Kurlantzick. “So Far, It Just Isn't Looking Like Asia's Century.” The Washington Post. September 7, 2008.

Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements. Division for Ocean Affairs and the Law of the Sea, United Nations Internet Website. July 2008.

United Nations Convention on the Law of the Sea of 10 December 1982.

“Government Considers Antipiracy Legislation.” The Yomiuri Shimbun. August 24, 2008.

“USA Positive to Ratification of UNCLOS.” Stavenger Evening News. May 29, 2008.

“ President's Statement on Advancing U.S. Interests in the World's Oceans” The White House News. May 15,2007.










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