Waseda University Institute of Comparative Law

     Japan promulgated the Basic Act of Ocean Policy on 20 July 2007. The act was drafted by some members of the Diet belonging to several political parties in order to formulate and execute a comprehensive and systematic policy regarding oceans by unifying and coordinating the competences of various Ministries and local governments.

     Chapter one provides the general principles. Article 1 stipulates the purpose of this act. In accordance with Article 1, the Headquarters for Ocean Policy was established in order to promote measures with regard to the oceans comprehensively and systematically and to emphasize the importance of contributing to the coexistence of the oceans and mankind. The following six basic principles are provided in the act: harmonization of the development and use of the oceans with the conservation of the marine environment (Article 2), securing the safety and security of the oceans (Article 3), improvement of the scientific knowledge of the oceans (Article 4), sound development of ocean industries (Article 5), comprehensive governance of the oceans (Article 6), and international partnership with regard to the oceans (Article 7). The act differentiates the responsibilities of the four relevant parties-the State, local governments, business operators and citizens-regarding issues related to the oceans in Articles 8 through 11, while Article 12 recognizes the importance of coordination and cooperation among these four parties.
     In Chapter two, Article 16 provides that the government shall formulate a basic plan to promote comprehensive and systematic measures with regard to the oceans.
     In Chapter three, twelve basic measures on ocean policy are provided: promotion of the development and use of ocean resources (Article 17), conservation of the marine environment and others (Article 18), promotion of the development of an exclusive economic zone and others (Article 19), securing maritime transport (Article 20), securing the Safety and Security of the oceans (Article 21), promotion of ocean survey (Article 22), promotion of research and development in ocean science and technology and other related matters (Article 23), promotion of ocean industries and strengthening international competitiveness (Article 24), integrated management of the coastal zone (Article 25), conservation of remote islands and the like (Article 26), securing international coordination and promotion of international cooperation (Article 27), and enhancement of citizen's understanding of the oceans and their issues (Article 28).
     Chapter four establishes the relevant organs for fulfilling the task and undertaking the measures provided in the act. The Headquarters for Ocean Policy is established in the Cabinet (Article 29) and Article 30 stipulates its competence. The headquarters consists of the Director-General, the Vice-Director and the Members (Article 31). Article 33 provides for the Minister for Ocean Policy.

     In accordance with the act, the Cabinet adopted the Basic Plan on Ocean Policy in March 2008. The basic plan declares the concrete measures to be taken during the next five years and specifies three objects: (1) leading challenge for the sake of mankind, (2) formulation of the basis for the sustainable utilization of marine resources and of the ocean area and (3) contribution to the safety and security of the nation.