{"title":"日本打击非法渔业的执法问题","authors":"Yoshihiro Tanaka","doi":"10.1016/j.marpol.2025.106708","DOIUrl":null,"url":null,"abstract":"<div><div>Japan’s Fisheries Act, which ensures the implementation of the United Nations Convention on the Law of the Sea and other relevant treaties, stipulates regulations to deter illegal fisheries. Illegal fisheries undermine efforts to manage fisheries sustainably and conserve marine living resources, distort competition, and put legitimate fisheries at an unfair disadvantage. However, the legal analysis conducted in this article demonstrates that Japan’s fisheries-related laws have fundamental weaknesses in deterring illegal fisheries. Namely, they primarily protect the fishermen’s economic interests but mostly contain no provisions explicitly related to conserving marine living resources or marine ecosystems as a legal interest, and this orientation in the legislation has substantially guided the law enforcement: For example, monitoring is weak of illegal fisheries activities that do not directly infringe on fishermen’s economic interests even if they harm marine living resources or marine ecosystems, and severe sanctions are rare. These practices will not help conserve irreplaceable marine living resources or restore the marine ecosystems that are the basis of sustainable fisheries. Therefore, it is necessary to transform the legal structures of Japan’s fisheries-related laws to shift from undue emphasis on protecting fishermen’s economic interests to the conservation of marine living resources and marine ecosystems by explicitly referring to them as a legal interest. This change should make Japan’s law enforcement more effective in eradicating illegal fisheries with a view to achieving sustainable fisheries in the future.</div></div>","PeriodicalId":48427,"journal":{"name":"Marine Policy","volume":"179 ","pages":"Article 106708"},"PeriodicalIF":3.5000,"publicationDate":"2025-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Japan’s law enforcement issues to combat illegal fisheries\",\"authors\":\"Yoshihiro Tanaka\",\"doi\":\"10.1016/j.marpol.2025.106708\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><div>Japan’s Fisheries Act, which ensures the implementation of the United Nations Convention on the Law of the Sea and other relevant treaties, stipulates regulations to deter illegal fisheries. Illegal fisheries undermine efforts to manage fisheries sustainably and conserve marine living resources, distort competition, and put legitimate fisheries at an unfair disadvantage. However, the legal analysis conducted in this article demonstrates that Japan’s fisheries-related laws have fundamental weaknesses in deterring illegal fisheries. Namely, they primarily protect the fishermen’s economic interests but mostly contain no provisions explicitly related to conserving marine living resources or marine ecosystems as a legal interest, and this orientation in the legislation has substantially guided the law enforcement: For example, monitoring is weak of illegal fisheries activities that do not directly infringe on fishermen’s economic interests even if they harm marine living resources or marine ecosystems, and severe sanctions are rare. These practices will not help conserve irreplaceable marine living resources or restore the marine ecosystems that are the basis of sustainable fisheries. Therefore, it is necessary to transform the legal structures of Japan’s fisheries-related laws to shift from undue emphasis on protecting fishermen’s economic interests to the conservation of marine living resources and marine ecosystems by explicitly referring to them as a legal interest. This change should make Japan’s law enforcement more effective in eradicating illegal fisheries with a view to achieving sustainable fisheries in the future.</div></div>\",\"PeriodicalId\":48427,\"journal\":{\"name\":\"Marine Policy\",\"volume\":\"179 \",\"pages\":\"Article 106708\"},\"PeriodicalIF\":3.5000,\"publicationDate\":\"2025-05-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Marine Policy\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0308597X2500123X\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Marine Policy","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0308597X2500123X","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Japan’s law enforcement issues to combat illegal fisheries
Japan’s Fisheries Act, which ensures the implementation of the United Nations Convention on the Law of the Sea and other relevant treaties, stipulates regulations to deter illegal fisheries. Illegal fisheries undermine efforts to manage fisheries sustainably and conserve marine living resources, distort competition, and put legitimate fisheries at an unfair disadvantage. However, the legal analysis conducted in this article demonstrates that Japan’s fisheries-related laws have fundamental weaknesses in deterring illegal fisheries. Namely, they primarily protect the fishermen’s economic interests but mostly contain no provisions explicitly related to conserving marine living resources or marine ecosystems as a legal interest, and this orientation in the legislation has substantially guided the law enforcement: For example, monitoring is weak of illegal fisheries activities that do not directly infringe on fishermen’s economic interests even if they harm marine living resources or marine ecosystems, and severe sanctions are rare. These practices will not help conserve irreplaceable marine living resources or restore the marine ecosystems that are the basis of sustainable fisheries. Therefore, it is necessary to transform the legal structures of Japan’s fisheries-related laws to shift from undue emphasis on protecting fishermen’s economic interests to the conservation of marine living resources and marine ecosystems by explicitly referring to them as a legal interest. This change should make Japan’s law enforcement more effective in eradicating illegal fisheries with a view to achieving sustainable fisheries in the future.
期刊介绍:
Marine Policy is the leading journal of ocean policy studies. It offers researchers, analysts and policy makers a unique combination of analyses in the principal social science disciplines relevant to the formulation of marine policy. Major articles are contributed by specialists in marine affairs, including marine economists and marine resource managers, political scientists, marine scientists, international lawyers, geographers and anthropologists. Drawing on their expertise and research, the journal covers: international, regional and national marine policies; institutional arrangements for the management and regulation of marine activities, including fisheries and shipping; conflict resolution; marine pollution and environment; conservation and use of marine resources. Regular features of Marine Policy include research reports, conference reports and reports on current developments to keep readers up-to-date with the latest developments and research in ocean affairs.