2nd International Symposium on the Law of the Sea

1. Overview

Judge Shunji Yanai of the International Tribunal for the Law of the Sea and Parliamentary Vice-Minister for Foreign Affairs Hitoshi Kikawada

Minister for Foreign Affairs Fumio Kishida

(1) From February 16 to 17, the Ministry of Foreign Affairs of Japan hosted its 2nd international symposium on the law of the sea, "International law for the Resources of the Sea: Scientific Advances, Preservation of Environment, Equity in Benefit Sharing" at Mita Kaigisho Auditorium in Tokyo.
(2) Today, with the technological progress in recent years, the international community pays close attention to the development of the marine resources. In the oceans, there are rare earth, rare metals and marine living and genetic resources with potentials, which are the key to opening the door towards the society of high technology and low carbon dioxide emission. The development of these resources is also key to realizing sustainable economic growth. The enhancement of the international legal framework and the compliance to the rules are indispensable for the development of these resources in an orderly manner. With this background, this symposium aimed to enhance the development of the international law and realize the exploration and development of marine resources in an orderly manner by fostering a common understanding on the various international legal issues related to the mineral resources in the Area (international deep sea-bed), the resources of the continental shelf, and the marine biodiversity in the areas beyond national jurisdiction (BBNJ).
(3) In the Opening Session of the symposium, Mr. Hitoshi KIKAWADA, Parliamentary Vice-Minister for Foreign Affairs, delivered the opening remarks. He stated that the promotion of "the rule of law at sea," which is one of the important pillars of Japan's diplomacy, is also one of the fields to be focused upon at the G7 meetings of this year under Japan's Presidency. The remarks were followed by the keynote speech by Judge Shunji YANAI of the International Tribunal for the Law of the Sea (ITLOS), in which he overviewed the significance of the issue of marine resources development in the drafting history of UNCLOS, and the development of the international law on the marine resources until today. He then emphasized the importance of promoting the rule of law at sea through the development of international law.

(4) The speeches were followed by one-and-half-a-day panel discussions, which were participated by the panelists consisting of authoritative scholars and practitioners of the law of the sea from home and abroad (US, UK, France, Australia and India). Approximately 300 participants of diplomatic missions, officials of the government of Japan, academics and students attended the symposium and had active discussions with the panelists.
(5) In the evening of 16 February, Mr. Fumio KISHIDA, Minister for Foreign Affairs, hosted a reception at the Mita Kaigisho Reception Hall with a large turnout of participants to the symposium, where lively exchanges of views were held in an amiable atmosphere.

2. Documents

Keynote Speech & Panel Discussion

Keynote Speech:

Judge Shunji YANAI of the International Tribunal for the Law of the Sea (ITLOS), Former President of ITLOS
Keynote Speech (PDF)

Segment 1: Mineral Resources in the Area

Coordinator: Shigeki SAKAMOTO, Professor, Faculty of Law, Doshisha University

Michael LODGE Deputy to the Secretary-General and Legal Counsel, International Seabed Authority (ISA): "Development of the Regulatory Regime for Deep Seabed Mining" (Slides (PDF) )
Kentaro NISHIMOTO Associate Professor, School of Law, Tohoku University: "Marine Scientific Research in the Area: Consideration of Legal Issues in Coordinating a High Seas Freedom with Activities in the Area" (Slides (PDF) )
Elie JARMACHE Special Advisor on the Law of the Sea, Secretariat General of the Sea (France) Member of the Legal and Technical Commission of the ISA: "Competences in the Area, complementary or conflicting?" (Slides (PDF) )

Segment 2: Resources of the Continental Shelf (including Continental Shelf beyond 200 NM)

Coordinator: Naoya OKUWAKI, Professor, School of Law, Meiji University

Junichi ETO Professor, Faculty of Law, Sophia University: "Introduction to the continental shelf including differences in resource governance between the continental shelf within 200 nm and beyond" (Slides (PDF) )
Shizuka SAKAMAKI Lecturer, University of Shizuoka: "The Legal Status of the Outer Continental Shelf without a Recommendation from the CLCS" (Slides (PDF) )
Clive SCHOFIELD Professor, Australian National Center for Ocean Resources and Security (ANCORS) University of Wollongong: "Joint Development of the Continental Shelf where Maritime Delimitation is Pending: Cooperative Opportunity or Complication in Marine Governance?" (Slides (PDF) )

Segment 3: Marine Biological Diversity beyond Areas of National Jurisdiction (BBNJ)

Coordinator: Mariko KAWANO, Professor, Faculty of Law, Waseda University

Ashley ROACH Senior Visiting Scholar, Centre for International Law (CIL), National University of Singapore: "Outcomes of CIL Workshop ‘Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction: Preparing for the PrepCom’ " (Slides (PDF) )
Atsuko KANEHARA Professor, Faculty of Law, Sophia University: "What Does a New International Legally Binding Instrument on BBNJ ‘under the UNCLOS’ mean?" (Slides (PDF) )
Luther RANGREJI Senior Legal Officer, Legal and Treaties Division, Ministry of External Affairs of India: "Evolving Regime on Marine Biodiversity beyond National Jurisdiction: Some Preliminary Thoughts" (Slides (PDF) )
Shotaro HAMAMOTO Professor, Faculty of Law, Kyoto University: "Intellectual Property Rights and Marine Genetic Resources of the Areas beyond National Jurisdiction" (Slides (PDF) )

International Law and Treaties