The Freedom of the Seas and Japan

Abstract

Japan is a sea-girt, insular country. From olden times, the Japanese people have taken the albuminous substance in their dietary life from maritime resources ; to them, fshery has come to play the role of vital industry. The Japanese whose intercourse with foreign countries; has been by sea, have shown a special concern over the freedom of navigation and trade. Immediately after Japan was admitted into the Family of Nations, the fust thing she did was to declare that she respected the principle of the freedom of the seas. When, that is to say, the Franco-Prussian war broke out in July, 1870, the Japanese Government declaring for neutrality on August 24 of the same year, issued a Neutrality Order, Article 2 of which adopted a three-mile limit as the breadth of the territorial waters, while recognizing the freedom of the high seas. The said Article reads as follows : " he contending parties are not permitted to engage in hostilities within Japanese harbours or inland waters, or within a distance of three ri (miles) from land at any place ; such being the distance to which a cannon-ball can be thrown. Men-of-war or merchant vessels will, however, be allowed free passage as heretofore." Since then, Japan has striven for the establishment of the three-mile principle in the matter of territorial waters, constantly respecting the freedom of the seas. In the Sino-Japanese war and the Russo-Japanese war, it is an indisputable fact that Japan faithfully observed Maritime International Law. During the Second World War, on December 11, 1943, Foreign Minister Shigemitsu said in his speech over the radio, that the freedom of the seas must be guaranteed.2 On September 28, 1945, that is, soon after the cessation of the Pacific