| Budget Amount *help |
¥3,100,000 (Direct Cost: ¥3,100,000)
Fiscal Year 2005: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2004: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2003: ¥1,200,000 (Direct Cost: ¥1,200,000)
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| Research Abstract |
Under this research project, I tried to consider the following two problems ; one is to clarify the structural aspect of the contemporary maritime order, which has been built up by the UN Convention on the Law of the Sea and other related legal instruments. The other is to clarify the ideological significance of the marine protected areas (MPA), whose establishment in the various area beyond the territorial sea of the coastal states is claimed with the object of the protection of vulnerable maritime biodiversity.
In the former case, the regime of the innocent passage and the problems on the regulation of the armed robbery and piracy have been particularly considered, thereby, the tendency toward a further strengthening of regulation of the right of passage has been clarified. Furthermore, the activity of the Commission on the Limits of the Continental Shelf has been considered, thereby, it is found that the recommendation adopted by the Commission has the possibility and precariousness affecting to the dispute of maritime delimitation dispute, though its scope of the activity is confined to the judgment based on the scientific knowledge of the outer limit of the continental shelf.
In the latter case, both the background and current situation of the MPA were considered at first, after that, the legal basis of MPA as well as the practice of major states on MPA were also considered. Recently, the claim of the high seas MPA is strengthened from the view point of the protection of marine biodiversity. The establishment of MPA in high seas is apparently incompatible with the freedom of high seas. Notwithstanding, the high seas MPA has been accepted at a fast clip by a number of states. I think that the MPA has to be appraised as a landmark showing the stream toward the administration of the sea from the freedom of the sea.
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