February 27

Part III Session 2: Impact on Territorial Issues / Rule of Law

At the breakout session on territorial issues and the rule of law, panelists discussed the territorial and maritime issues Japan and the Indo-Pacific region face, while focusing on the maintenance of the rule of law against the backdrop of the region’s strategic transformation.

The discussion began with one of the panelists touching upon Japan’s territorial and maritime issues as he took a look back on the process thorough which modern Japan configured its state territory and brought itself into conformity with the concept of “territory” as defined by modern European international law. In his remarks, he pointed out the importance of upholding the rule of law while improving and extending international law based on the concept of “peaceful change”. In relation to this point, another panelist pointed out how the China Coast Guard (CCG) Law, which went in effect on February 1 of this year, domestically legitimates some CCG activities that are not clearly based on rights under international law, and therefore challenges the existing legal order of international law. Another panelist spoke on the current situation in the South China Sea and explained that, even after the 2016 arbitral tribunal ruling (final award), China continues its acts of intimidation and its attempts to change the status quo by force. He also touched upon the responses by the Philippines and the United States. He emphasized that, in order to strengthen the rule of law in the region, Japan and other countries need to cooperate with Southeast Asian countries. In response to this, another panelist, who argued that the gravity of such Chinese actions is often overlooked, pointed out that countries committed to shared values such as the rule of law and the peaceful settlement of disputes are cooperatively taking actions in the Indo-Pacific region. With examples, he illustrated that Japan is one of the countries leading such actions.

After these discussions, the speakers shared the following views: a) Japan, which has long historical ties with China, should respond to ongoing tensions through law enforcement, and b) China’s unilateral challenges to the territorial status quo in the East China Sea and South China Sea continue to raise strong security concerns. The breakout session highlighted the need for responses from a diverse range of viewpoints reflected by the panelists to steadily implement the rule of law.

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