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海洋政策研究 第5 号 Contents Articles Masahiro Akiyama ………………….. 1 Hajime Watabe …………………….. 31 海洋政策研究 第 5 号 Use of Seas and Management of Ocean Space: Analysis of the Policy Making Process for Creating the Basic Ocean Law Masahiro Akiyama＊ ABSTRACT The Basic Ocean Law was enacted for the first time in Japan in April of this year (in 2007). It was initiated by lawmakers of not only the ruling parties but also the largest opposition party. The Nippon Foundation and Ocean Policy Research Foundation, NGOs in the private sectors long involved in mari­ time affairs, contributed significantly to creating the basic law. This policy making process differed from the normal process in which the government takes large initiatives. It reflects the fact that more than 8 ministries and agencies are involved in and responsible for maritime affairs, so the government could not initiate such a basic law which would cover all aspects of maritime affairs. This paper traces the policy making process for creating the Basic Ocean Law, with the aim of analyzing and thinking through a new theory of the policy making process in Japan. This process is neither the reasonable actor model in decision-making process theory nor the bureaucratic governance model of Graham Alison. This report could trigger the emergence of a new theory through further dis­ cussion and studies. At the same time this report refers to the background elements that affected law makers as well as the Japanese public who have had their attentions increasingly drawn to maritime issues. These elements include Sino-Japan disputes over the development of oil and gas in the East China Sea, a number of state activities by China in the Japanese EEZ, environmental preservation and safety & security on the ocean, securing sea lines of communications, and marine fisheries. The United Nations Convention on the Law of the Seas(UNCLOS) was adopted in 1982 and took effect in 1994. Japan ratified it in 1996. Even after the ratification, however, Japan did not actively ad­ dress ocean related issues, nor sufficiently introduce appropriate domestic laws. Introduction of the Basic Ocean Law reflects the concept of UNCLOS. It says that maritime issues must be addressed in a comprehensive manner, based on the principle of sustainable development, with international cooperation. Japan should now move toward becoming a new “ocean state” and actively and internationally address ocean problems. Key words: Basic Ocean Law, UNCLOS, policy making process, comprehensive ocean policy, sustain­ able development, ocean management, lawmaker-initiated legislation, East China Sea * Ocean Policy Research Foundation/Rikkyo University －1－ Use of Seas and Management of Ocean Space: Analysis of the Policy Making Process for Creating the Basic Ocean Law Introduction to be introduced as guiding laws bridging the Constitution and laws to be established and are 1. The Enactment of the Basic Ocean Law said to be suitable for lawmaker-initiated legisla­ On April 20, 2007, the House of Councilors tion. However, it can be said that the Basic Ocean 1 3 voted for the Basic Ocean Law. It went through Law was the first full-fledged and comprehen­ the Land and Transportation Committee the sive basic law to regulate the policies and admini­ previous day and was approved in the plenary strations of more than eight ministries and 2 4 session by an overwhelming margin. The House agencies. Most basic laws, such as the basic of Representatives had adopted it on April 3. The laws on fisheries and the environment, cover only Liberal Democratic Party (LDP), New Komeito one ministry or agency. Party (NKP), Democratic Party of Japan (DPJ), This paper is not intended to give a full the Japanese Communist Party (JCP), and the interpretation of the Basic Ocean Law, but rather People’s New Party (PNP) supported the bill, a brief summary and outline of its purpose. while the Social Democratic Party (SDP) voted Article 1 (Purpose) advocates the following: against it. the ocean is essential in sustaining human life; it The Basic Ocean Law was initiated by is important for Japan, being surrounded by the lawmakers. It was supported by the largest oppo­ ocean, to become an ocean state, harmonizing sition party, the DPJ, as well as the ruling coali­ peaceful and active use of the sea with conserva­ tion of the LDP and the NKP. In the House of tion of the marine environment, under the spirit of Representatives, the chairperson of the Land and international cooperation, in accordance with the Transportation Committee introduced the bill to principles enunciated in international agreements the Diet. It was deliberated on and adopted on the such as UNCLOS or international initiatives 5 day of submission. In the House of Councilors, it (such as the Rio Earth Summit Agenda 21) to was discussed as a House of Representa­ realize sustainable development and use of the tives-member-initiated bill and co-sponsor mem­ oceans; policies concerning the oceans should be bers of the House of Representatives from each developed comprehensively and systematically by party explained the bill. specifying the responsibilities of the national In Japan, lawmaker-initiated legislation was government, local authorities, business owners, not formerly a common practice but has recently and the people, by formulating a Basic Plan for become so. As for basic laws, while the the Ocean and other policy measures concerning long-established basic laws on education and the ocean, and by creating a Headquarters for 6 agriculture are well-known, basic laws lately tend Comprehensive Ocean Policy within the Cabinet. 1 The Basic Ocean Law (2007 Act No.33) 2 Total vote: 184. Yeas 180; Nays 4. 3 The Basic Ocean Law consists of four chapters (I: General Rule, II: Ocean Basic Plan, III: Basic Policy, IV: A Headquarters for Comprehensive Ocean Policy and Supplementary Provisions) and 38 Articles. 4 There are basic laws on: Fisheries, Environment, Nuclear Policy, Education, Land, Gender-Equal Society, Science and Technology. The last two were initiated by lawmakers. 5 The Action Plan adopted at the United Nations Convention on environment and development held in Rio de Janeiro, Brazil in 1992. 6 Article 29 of the Basic Ocean Law. －2－ 海洋政策研究 第 5 号 The Article then reads that the purpose of the Law China Sea, and how Japan came finally to realize is to improve the healthy development of eco­ the importance of ocean use and the management nomic society and the quality of life of people in of ocean space. Japan as well as to contribute to the coexistence As a private organization, the Ocean Policy of the ocean and mankind. Research Foundation (OPRF), to which the au­ The Basic Ocean Law is to be enforced thor belongs, and, as an individual, the author within three months after proclamation. The Law himself, were deeply involved in the lawmaking was proclaimed in April, so it is to enter into force process of the Basic Ocean Law. Therefore, while in July. subjective viewpoints and analyses cannot be avoided entirely, the author has tried to maintain 2. Research Question as much objectivity as possible, by conducting The Basic Ocean Law is just one example of interviews, for example, and has analyzed the lawmaker-initiated legislation. However, the process advantageously by making the best use of lawmaking process as analyzed and explained detailed facts not easily available to below, was unusual in its being made into law, in non-participants. This process was unique in that a very short period, without any revision in the a private organization was involved in lawmaking, Diet, as the activities of politicians, government, so it might also be considered an important con­ non-governmental organizations, individuals, and tribution to record the details of such involve­ the media fortuitously converged. By recon­ ment. structing this process as a case study, it is ex­ pected to contribute to understanding the new I. Movement Directly Related to the Enact­ policy making process in Japan and to trace ment of the Basic Ocean Law: From the Es­ Japan’s activities regarding ocean issues, which tablishment of the Basic Ocean Law Study might help us better understand global trends in Group to Legislation Initiated by Lawmakers the use of the seas and the management of ocean space. In April 2006, the Basic Ocean Law Study The lawmaking process for the Basic Ocean Group, comprised of bipartisan members of the Law will be examined, first of all, by looking at Diet and academic and industry experts, was the most recent year, then by looking back several established. This group, after nine months of years for the background of the movement, and deliberations, announced the Guideline for Ocean finally by looking at the overall process from a Policy and the Outline of Basic Ocean Law in long-term viewpoint. By doing so, this paper is December. Following this, the legislative body expected to reveal Japan’s sluggish (nonexistent) (members of the Diet and the House of Repre­ ocean policy of clinging to freedom of navigation sentative Legislation Bureau) played a central role and the free use of the oceans, in other words, the in setting the stage for lawmaking and submission th “vast high seas and narrow territorial seas” con­ to the 166 Diet session (regular). In April 2007, cept (especially for fisheries), and the reality that the bill was passed in the House of Councilors the only ocean issue Japan gave importance to and enacted. This policy making process was, were the strained relations with China in the East while the lawmaking itself was initiated by law­ －3－ Use of Seas and Management of Ocean Space: Analysis of the Policy Making Process for Creating the Basic Ocean Law makers, unprecedented and epoch-making in sider it within the LDP.

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