China Coast Guard Exercises ‘Jurisdiction’ in Japan’s EEZ, Testing International Law

A Chinese Coast Guard (CCG) vessel has been detected navigating within Japan’s exclusive economic zone (EEZ) south of Yonaguni Island in Okinawa Prefecture, prompting Tokyo to formulate a response. The CCG vessel was identified by a Japan Coast Guard (JCG) patrol vessel, and when queried, responded that it was conducting a “routine patrol” while asserting Chinese exercise of jurisdiction over the area. China’s Foreign Ministry spokesperson Lin Jian confirmed the CCG vessel’s actions, stating it was “conducting patrols in accordance with the law.” He further declared that “Japan and the Philippines bypassing China to initiate the so-called maritime delimitation talks constitutes a severe violation of UNCLOS and other international laws and basic norms governing international relations. It also seriously infringes on China’s maritime rights and interests. China will by no means accept this.” China has a history of asserting claims in Asian waters not grounded in the United Nations Convention on the Law of the Sea (UNCLOS). Since June this year, China has been conducting “marine scientific research” (MSR) and patrols within Japan’s EEZ south of Yonaguni Island and east of Taiwan, purportedly in accordance with Chinese domestic laws. This situation is seen as a shift from mere assertions to a new phase of concrete activities, accumulating facts on the water, akin to developments in the disputed South China Sea. The commencement of maritime boundary delimitation talks between Japan and the Philippines appears to have provided China with an “excuse” to advance to this new phase. Chinese MSR conducted in Japan’s EEZ without Japanese consent violates UNCLOS and constitutes a breach of international law. CCG “patrols” within Japan’s EEZ, however, are more complex and may not immediately be regarded as violations of international law. Under UNCLOS, coastal states possess sovereign rights and jurisdiction over specific matters in their EEZs, primarily related to natural resources and marine scientific research. However, outside these specific areas, other countries enjoy freedoms of navigation and overflight. Crucially, Article 58(3) of UNCLOS obliges any state exercising rights in an EEZ to “have due regard to the rights and duties of the coastal State.” Japan must meticulously examine and evaluate the specifics of the CCG’s patrols, including their purpose and the Chinese domestic laws they claim to enforce. Based on these findings, Japan needs to take coherent measures against CCG activities in the relevant maritime areas.