係争海域等における中国公船の侵入・海洋調査活動の法的解決策の一考察

―中国公船の特異行動対策―

抄録

Recently Chinese government vessels, maritime law enforcement agencies’ boats and vessels enteredJapanese exclusive economic zone (EEZ).They entered not only the unsettled EEZ between China and Japan, but also Japanese EEZ and territorial waters.To be sure, the United Nations Convention on the Law of the Sea has allowed foreign government vessels to conduct marine scientific researches.However, Chinese government vessels often make marine scientific researches without notice, and enter Japanese EEZ with no information given in advance.Unfortunately, under the present system of international laws, Japan can’t regulate and stop these scientific researches so long as researches which Chinese government vessels make or facilities that they construct do not violate Japanese sovereignty or pollute marine environment.In this situation Japan should think of means and measures of making navigation regulations and giving permission of marine scientific researches to preserve marine environment, such as Marine Protected Areas (MPAs), Protection of Particularly Sensitive Sea Areas (PSSA).MPAs and PSSA are regulations admitted by International Maritime Organization.