Law of the Sea Aspects in Arms Trade Treaty

2014 Fiscal Year Final Research Report

• Project/Area Number: 25590012
• Research Category: Grant-in-Aid for Challenging Exploratory Research
• Allocation Type: Multi-year Fund
• Research Field: International law
• Research Institution: Hosei University
• Principal Investigator: MORITA Akio 法政大学, 法学部, 教授 (30239652)
• Research Collaborator: AOKI Setsuko 慶應義塾大学, 総合政策学部, 教授 (90317339) ; OKAMATSU Akiko 法政大学, 人間環境学部, 教授 (40391081) ; ISHII Yurika 防衛大学校, 人文社会科学群国際関係学科, 講師 (80582890)
• Project Period (FY): 2013-04-01 – 2015-03-31
• Keywords: 国際法 / 海洋法 / 軍備管理 / 国際人道法

Outline of Final Research Achievements

ATT: Arms Trade Treaty was adopted on 2 April 2013, and entered into force on 24 December 2014. Object of this research is to study law of the sea aspects which, up to then, had not fully considered, because past studies mainly concentrated about new aspects of the treaty.
Results of this research are twofold: firstly, regulation in the field of law of the sea, there had been certain “precedents” on regulation of the arms trade on the sea since 19th century. Secondly, as to innocent passage problem, it was found that there should be certain reservation on understanding that this treaty fully assures foreign ship's innocent passages, because initial proposal by the United States and terms and working history of the 1958 Convention on the Territorial Seas and the Contiguous Zone which is succeeded in UNCLOS would suggest otherwise.

Free Research Field

国際法