Third, as the basis for finding the most effective way to ensure the safety of the JCG vessels and its personnel, considering the duties that the Guidelines expect the JCG to discharge, this paper will put the Guidelines into two concrete contexts: first, the context of coast guard activities in Japan’s territorial sea as a duty of the JCG; second, the context of the duties of protecting nationals. [...] Such control over the JCG does not amount to “incorporation of the JCG into the JMSDF” and “para-militarization of the JCG.”35 (3) While the Guidelines purport to clarify the meaning of the cooperation and collaboration between the JCG and the JMSDF when the Guidelines are issued under Article 80 of the Self- 34 S upra n. [...] The Applicability of “the Laws of War” under the Prohibition of the Use or Threats of Force (1) Regarding the applicable laws to the situation which this paper assumes, there are two critical issues that require examination: the applicability of “the laws of war” under the prohibition of the use or threats of force by Article 2, Paragraph 4 of the United Nations (UN) Charter; and the relationship. [...] The Relationship between the Laws of War and the Law of the Sea Regarding the relationship between the laws of war and the law of the sea,52 as a general consideration, for instance, there is an argument that “international law” in the phrase “subject to 50 One authority makes a detailed examination of the applicability of the “traditional” (i.e., pre-UN Charter) laws of war following the coming i. [...] Thus, it may not be inappropriate for this paper to examine the safety of the JCG under the Guidelines by presupposing the application of some rules of the laws of war without excluding the application of the law of the sea at the same time, as has been argued by a number of authorities.
- Pages
- 33
- Published in
- Japan
