22/08/2023, 19:07 Chinese and Russian Warships Step up Activity in Straits Around Japan – The Diplomat

ASIA DEFENSE | SECURITY | EAST ASIA

Chinese and
Russian Warships
Step up Activity
in Straits Around
Japan
And in doing so, test the
definition of a “strait.”

By TSURUTA Jun
August 15, 2023

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22/08/2023, 19:07 Chinese and Russian Warships Step up Activity in Straits Around Japan – The Diplomat

In this photo released by Defense Visual

Information Distribution Service, ships from
Japan Maritime Self-Defense Force and
Indian Navy sail in formation with Royal
Australian Navy HMAS Warramunga and
Arleigh Burke-class guided-missile destroyer
USS Barry (DDG 52) during MALABAR 2021
on Aug. 27, 2021.
Credit: Justin Stack/DVIDS U.S. Navy via AP

Japan defined its territorial seas as extending

12 nautical miles seaward with the enactment
of the Act on Territorial Sea and Contiguous
Zone in 1977. However, there are still several
sea areas where the breadth of territorial
waters is 3 nautical miles, which are called as
“specified sea areas.” In its appendix, the Act
refers to the definition of an “international
strait” in the United Nations Convention on the
Law of the Sea (UNCLOS), when limiting the
breadth of the territorial waters of Soya Strait
(23 nautical miles wide), Tsugaru Strait (10
nautical miles wide), Tsushima Strait East
Channel (25 nautical miles wide), Tsushima
Strait West Channel (23 nautical miles wide),
Osumi Strait (16 nautical miles wide) to 3
nautical miles, leaving high seas at the center
of these straits. In doing so, it avoids the
application in these straits of the “transit
regime” adopted by the UNCLOS.

The UNCLOS has recognized “right of transit

passage” for foreign vessels and aircraft
(including foreign warships and military
aircraft) to be able to exercise “freedom of
navigation and overflight solely for the
purpose of continuous and expeditious
transit” of the international straits that
connect international seas or exclusive
economic zones (EEZs) with other high seas or
EEZs. Although vessels navigating
international straits are required to comply
with certain rules established by the states
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bordering straits, freedom of navigation is

guaranteed, and unlike territorial sea,
navigation is not subject to the condition of
innocent passage.

As an example regarding specified sea areas,

between October 18 and 23, 2021, a total of 10
Chinese and Russian ships entered Tsugaru
Strait from the Sea of Japan, navigated the
high seas portion of the strait, headed south in
the Pacific Ocean, navigated near the Izu
Islands, navigated the high seas portion of
Osumi Strait, and headed toward the East
China Sea. A ship-based helicopter take-off and
landing exercise was conducted in the sea
areas around the Izu Islands and in the East
China Sea. This was the first time that China
and Russia had jointly conducted such a large-
scale, long-running operation in the sea area
around Japan.

If the Japanese government were to extend the

breadth of its territorial seas of the specified
sea areas from 3 nautical miles to 12 nautical
miles, all the straits would be Japanese
territorial sea, and foreign vessels would be
able to exercise the rights of transit passage
since they would be regarded as international
straits under international law. Even if the
specified sea areas are converted to
international straits, this would not change the
fact that foreign vessels could navigate them,
but once they have become international
straits, Japan as a state bordering international
straits would be able to demand that foreign
vessels conduct “continuous and rapid
transit.”

Japan has many straits with a breadth of less

than 24 nautical miles at their narrowest part
other than the specified areas of sea. Examples
include the Tokara Strait between Yakushima
and Kuchinoshima (22 nautical miles wide),
the strait between Akusekijima and
Kodakarajima (18 nautical miles wide), the
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22/08/2023, 19:07 Chinese and Russian Warships Step up Activity in Straits Around Japan – The Diplomat

strait between Takarajima and Kaminonejima

(21 nautical miles wide), and the strait
between Tokunoshima and Okinoerabujima
(18 nautical miles wide). All these straits
consist entirely of Japanese territorial sea, and
foreign vessels (including foreign warships)
may exercise the right of innocent passage.
The Japanese government has not explicitly
stated whether international straits exist
under international law in the Japanese
territorial sea.

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Since June 2016, Chinese warships have made

multiple passages through Tokara Strait. The
Chinese government claims that Tokara Strait
is an “international strait” under international
law. If this claim were to be accepted, it would
mean that foreign submarines would be
allowed to navigate in the Tokara Strait while
submerged. The UNCLOS requires submarines
to navigate on the surface  and show their flag
in territorial seas, but no such obligations are
imposed while the submarines are in
international straits. It is also permissible for
foreign military aircraft to exercise freedom of
overflight in international straits.

In November 2004, a Japan Maritime Self-

Defense Force P3-C observed a submarine of
unknown nationality navigating in the
Japanese territorial sea around the Sakishima
Islands in Okinawa Prefecture and moving
northward while submerged. Since Japan
requested it to navigate in the surface and
would request it to leave  Japanese territorial
sea if it did not comply, the then-minister of
state for defense ordered the Maritime Self-
Defense Force to launch a maritime security
operation. It was later identified as a Han-class
nuclear submarine belonging to the Chinese
People’s Liberation Army Navy.

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Japan protested that the Chinese submarine

had navigated Japanese territorial sea while
submerged as a violation of international law,
in response to which the Chinese government
admitted that it had been a Han-class nuclear
belonging to the PLA Navy, while explaining
that the submarine had mistakenly entered
Ishigaki Channel (18 nautical miles between
Ishigaki Island and Tarama Island) for
technical reasons in the course of regular
training. This response by the Chinese
government shows that the Chinese
government regards Ishigaki Channel as the
Japanese territorial sea and not as an
international strait where foreign vessels have
the right of transit passage.
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AUTHORS

GUEST AUTHOR

TSURUTA Jun
TSURUTA Jun is an associate professor at Meiji
Gakuin University.

TAGS

Asia Defense Security East Asia China Russia

Act on Territorial Sea and Contiguous Zone China-Japan Relations

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Japan territorial sea right of transit passage Territorial sea

Tsugara Strait UNCLOS

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