| Budget Amount *help |
¥2,350,000 (Direct Cost: ¥2,200,000、Indirect Cost: ¥150,000)
Fiscal Year 2007: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2006: ¥1,700,000 (Direct Cost: ¥1,700,000)
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| Research Abstract |
This research has examined recent international law responses against crime on the high seas, has proved that the responses are functionally differentiated, and has made clear the legal problems inherent in them.
Acts of interference are justified, according to the United Nations Convention on the Law of the Sea, when there is reasonable ground for suspecting that :
(a) the ship is engaged in piracy ; (b) the ship is engaged in the slave trade ; (c) the ship is engaged in unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109 ; (d) the ship is without nationality ; or(e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship.
Adding to them, remarkable phenomenon of recent is successive adoption of several general multilateral treaties admitting certain acts of interference : (1) Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances ; (2) Protocol to P
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revent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the Convention against Transnational Organized Crime ; (3) Protocols to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation ; (4) Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 October 1982 Relating to the Conservation and management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
This research legally analyzed substantive and procedural requirements -standard and conditions- of acts of interference with foreign ships on the high seas. Concretely saying, (1) as to substantive law, categorization of causal acts, (2) as to procedural law, categorization of enforcement actions, is each examined. As to the former, more categorization, that is, based on function and legal interest, is proved to be useful. As to the latter, (i) mode and degree of enforcement actions, and(ii) important problems inherent in actions taken, are clarified. Less
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