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The 39th Masayoshi Ohira Memorial Prizes award recipient

『Japanese Maritime Security and Law of the Sea』(Brill, 2022)
Yurika Ishii
(Associate Professor, National Defense Academy of Japan)
It is my immense honour to receive Masayoshi Ohira Memorial Prize, which has a long history and tradition. I would like to express my sincere gratitude to all those who supported this research, the Masayoshi Ohira Memorial Foundation and the selection committee.
The book, Japanese Maritime Security and Law of the Sea, argues that Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea after the end of World War II, primarily by examining its approach to domestic and international law.
Since the end of the Cold War, Japan has expanded its maritime security and contingency legislation since the 2000s against increasing tensions in the East Asian region as the US shifted its pivot to other areas. In addition, in response to developments in the law of the sea in the international community, Japan has enacted domestic legislation to implement the UN Convention on the Law of the Sea and other instruments.
However, these domestic laws did not directly implement Japan’s rights and interests under international law. Instead, it restricted the powers of the Coast Guard and the Self-Defence Forces based on its policy considerations. As a result, domestic legislation governing the use of force at sea structurally leaves a security gap. In addition, Japan has taken different measures from other countries, particularly concerning straits, islands and overlapping waters of the exclusive economic zones and continental shelf. Whether these responses do not have unintended effects on relations with other countries requires careful consideration.
 On the other hand, Japan has pursued a comprehensive maritime law and order internationally. Examples include cooperating with relevant countries to secure sea lanes during the Cold War, assisting developing countries to combat piracy in the Strait of Malacca and the Gulf of Aden, and launching the concept of the Free and Open Indo-Pacific.
 The maritime security environment surrounding Japan has become more severe, and its legal assessment has become even more critical. In this context, it is necessary to clarify the formation process of Japan’s maritime security legislation and assess its significance. To this end, it is required to conduct primary research. I want to continue to devote myself to this process, as I was encouraged by receiving this prestigious award.

Profile
Associate Professor, the National Defense Academy of Japan. LL. B., Faculty of Law, the University of Tokyo, LL.M., Cornell Law School, Ph.D., the Graduate Schools of Laws and Politics, the University of Tokyo. She was previously Japan Society for the Promotion of Science Research Fellowship for Young Scientists and Visiting Researcher at Harvard Law School. Her specialized area includes public international law, law of the sea and international / transnational criminal law. She is the author of International Regulations of Transnational Crimes (Yuhikaku, 2017; the 51th Adachi Mineichiro Memorial Award). She has been involved in various research projects and government’s committees and working groups. Most recently, she is the adjunct member of Cabinet Office, Space Policy Committee, Space Security Group and the Senior Consultant with the United Nations Office on Drugs and Crime, Global Maritime Crimes Programme.

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