日本的國際海峽對策：以日本《領海法》規定為中心

Strategy Adopted by Japanese Authority Toward the International Straits: Focus on Japanese 'Law of Territorial Sea'

2012年2月28日，日本政府針對外國人登上遠方孤島等活動，為確保領海的安全和治安，向國會提交旨在加強日本領海內執法權的《海上保安廳法》和《外國船舶航行法》修正案，同年8月29日經參眾兩院正式通過後施行。在上述二法的修正案中，吾人可觀察到日本領海執法措施的改變。根據日本現行法律，海上保安廳在下令驅逐外國船舶前，需先經過登船檢查的程序，但新修正案規定可在判斷外國船舶明顯違規的情況下，省去登船檢查的程序，而逕行命令其離開日本領海。由此可知，日本正在加強領海執法的具體措施。但在規範前述法律適用範圍的《領海法》與《領海和毗連區法》中，一般是將領海規定為12浬，只是在部分「特定海域」日本卻採用3浬領海制度。乍看之下，日本似乎放棄部分主權權利，但日本政府藉由此一採用3浬的領海制度，使得該等「特定海域」留出非屬領海的「公海走廊」，實則是出於照顧周邊國家海上通行的需要。本文旨在探討日本針對海洋法之國際海峽制度的對策，在日本領海法立法時於部分「特定海域」採用3浬領海制度的原因與思維。

On February 28, 2012, due to several events of landing on remote islets and other activities conducted by foreigners, Japanese government submit the amendment of Japan Coast Guard Law and the Law Governing Foreign Vessels to its National Diet and asked it to reinforce the enforcement power thereof to ensure the security and order around Japanese territorial seas. On August 28 of the same year, the National Diet officially passed the amendments. In the context of the two amendments, one can find out that Japanese authority has change its measures toward the law enforcement around the Japanese territorial sea. According to current Japanese laws, before the coast guard is allowed to expel foreign vessels, it must goes through the procedure of on-board check. However after the amendment has been passed, the coast guard can skip that procedure when foreign vessels apparently violate the applicable rules and ask them to leave the territorial sea immediately. From this example to name a few, it is clearly that Japanese authority has reinforced certain measures with regard to the law enforcement toward territorial sea. While under the above two laws, the boundary of territorial sea is 12 NM from the baseline in general, in ”certain area” the Japanese has adopted the 3NM territorial rule. At a glance, the Japanese authority seems to abandon parts of its sovereign right, yet in fact the 3NM rule adopted by it is aimed to making certain area to be the aisle of high sea where the need of navigation by surrounding countries can therefore be satisfied. The subject of this Article is to discuss the strategy adopted by Japanese toward its international strait under the law of sea and to elaborate the reason and thinking of Japanese legislation on the reservation of ”certain area” apart from its general rule of territorial sea.