Japan's "Basic Ocean Law", Its Impact On China And Countermeasures

Since 1994, "The United Nations Convention on the Law of the Sea" has gone into effect officially and the world order has undergone great changes in ocean. "The United Nations Convention on the Law of the Sea" arouses worldwide marine areas realigned. The importance of the ocean is rapidly rising. Ocean is no longer a neutral buffer zone, but the direct marine borders. So the effect of "The United Nations Convention on the Law of the Sea" has brought a global "new era of ocean". In order to take full use of the maritime rights which is given by "The United Nations Convention on the Law of the Sea" to the coastal countries, many countries have established national ocean laws and policies, in order to protect its marine rights and interests. This action has started a new high tide of ocean development and management, such as the United States, Australia, South Korea, Japan and other countries have enacted their own laws and policies about ocean.At the same time, in order to maintenance its marine rights, the disputes among states are increasing. Japan as China's marine neighbors under the system of "The United Nations Convention on the Law of the Sea" produce series of ocean delimitation disputes. Therefore, how to use "The United Nations Convention on the Law of the Sea" to effective safeguard China's maritime rights and interests must be significantly more important. A country's development strategy is inseparable from its unique geographical environment. Japan is an island country which is surrounded by sea with small land area and large population resides in here. In order to develop Japan's economy better the only way is to break through to the ocean. Japan takes advantage of rights which is given by "The United Nations Convention on the Law of the Sea" as good opportunities to expand its new lands. Japan claims to 4.47 million square kilometers of the sea area which is 12 times of the land area. Once this proposition comes true, Japan's land area will enter the ranks of the world's top 10. Japan makes efforts to obtain more ocean benefits and ensure better status from ocean disputes with around countries. For the complicated ocean problems, the relative people from Japan realize existing ocean law out of place on nowadays conditions and advise government constitute new ocean basic law rapidly. Japan's "Basic Ocean Law" is approved in Japan in April,2007 by the House of Representatives and implemented on 20, July. Japan's "Basic Ocean Law" is an important act in ocean policies, the influences and revelations from Japan's "Basic Ocean Law" are worth paying more attentions for our country. After Japan passed the "Basic Ocean Law" and gave the comprehensive integrated management of ocean, Japan's "Ocean State" strategy has gained a solid step forward.Since Japan's "Basic Ocean Law" brings into effect, Japan comes into a new seedtime. The implement of Japan's "Basic Ocean Law", not only has a significant impact to its own country but also to the neighboring countries and also has a great impacts on International Law. China and Japan are neighbors, and they have many controversial about islands belonging, the exclusive economic zone, Delimitation of the continental shelf and the development of East China Sea resources. Japan may use "Basic Ocean Law" upgrade Diaoyu Island event, extruding our marine space, snatching our oceans resources and giving the impact of China's sea lanes, which would make China's sea business face more complex and difficult international circumstance. On the basis of learning their experience, China should be cautious to Japan's "Basic Ocean Law", take actively measures to avoid the adverse impact and propose measures to protect China's marine rights and interests.This article is based on the above considerations, in particular gives the details of Japan's " Basic Ocean Law", and its possible adverse impact on China, at last propose our suggestions:formulate China's sea development plans according to our country's condition, speed up the pace of legislative amendments of sea laws, make a appropriate countermeasures to deal with the East China Sea disputes.The 21st century goes by the name of "marine century". The arrival of the 21st century brings more opportunities and great influence to such a big developing country in the ocean, China. This also "tests" out of our country in the marine system and legal problems. Therefore, how to use the Convention to effective safeguard China's maritime rights and interests must be significantly more important. China should actively adjust our marine development strategy, full use of China's maritime rights given by "The United Nations Convention on Law of the Sea" and formulate the country's "Basic Ocean Law", to advance the career of China's marine.The content for this paper is helpful to see clearly the attitude about ocean dispute possible measures from Japan. At the same time, it is helpful to use for reference to advanced management ways from Japan, which helps to turn China into a powerful ocean country.