Maritime Law Enforcement amid Evolving Global Dynamics

Atsuko Kanehara, Research Director, served as Moderator for the Session 1, “Three Principles of the Rule of Law at Sea,” of the 1st Tokyo Dialogue, Maritime Law Enforcement amid Evolving Global Dynamics, 7-8, October, 2026 in Tokyo.

She provided Stage Setting for Session 1 of around three hours as follows.

As the Tokyo Dialogue sets as its main pillar the Three Principles of the rule of law at sea declared by then Prime Minister Shinzo Abe at the 13th Shangri-la Dialogue of 2014, in her stage setting she explained the rule of law under international law. 

The rule of law developed against the background of domestic society. In international society that has different structure from that of domestic society, the rule of law has not yet established an inherent meaning beyond what simply designates the situations and acts that are in conformity with international law.   

Considering such situation, the fact that then Prime Minister Shinzo Abe proposed the Three Principles of the rule of law at sea was really an important step for the rule of law under international law for clarification and substantiation of its inherent meaning. This should be precisely recognized.

Principle 1: Making and clarifying claims based on international law
Principle 2: Not using force or coercion in trying to drive one’s claims
Principle 3: Seeking to settle disputes by peaceful means

Next, she succinctly examined the Three Principles from a perspective of international law. As to Principle 1, when there is lack of international law rules, how to cope with it? Principle 2 and Principle 3 reflect Article 2 (3) (peaceful settlement of disputes) and Article 2 (4) (prohibition of the use of force and threat of force) of the UN Charter, which demonstrate the achievement of international society for the international peace and security.

Based upon the confirmation of the Three Principles of the rule of law at sea, and their succinct analysis, she put the principles in context, namely, the issues that the three speakers for Session 1 deal with: first, law enforcement by the Japan Coast Guard in the tense situation of the East China Sea; second, combating harmful activities against undersea infrastructure; third, recent phenomena (shadow fleet, flag of convenience, and fraudulent registration and/open registration of vessels) that seriously undermine the fundamental principle of the law of the sea, namely the flag State principle.

In the end of the stage setting, she suggested possible ways of enlarging and strengthening of the Three Principles of the rule of law at sea. 

【Related Works by Research Director Atsuko Kanehara】

• Atsuko Kanehara, “The Protection of Submarine Cables and Pipelines in Armed Conflict in the Indo-Pacific,” in Douglas Guilfoyle and Jennifer Maddocks eds., Armed Conflict and International Law in the Indo-Pacific Region, Part I, Chapter 8.
• Atsuko Kanehara, “Manila Dialogue Presentation Report: The Rule of Law and the Functions and Duties of Law Enforcement Agencies,”
  https://cigs.canon/en/article/20251212_9454.html
• Atsuko Kanehara, “Challenges of the BBNJ Agreement: from the Perspective of Japan’s Ratification,”
  https://cigs.canon/en/article/20260206_9681.html
• Atsuko Kanehara, “Reconsideration of the Distinction Between the Use of Arms in Law Enforcement and the Use of Force Prohibited by International Law - With an Analysis of the Inherent Significance of This Issue to Japan-,” Japan Review, Vol. 5 (2023), JapanReview_Vol5_02_ Kanehara.pdf (jiia-jic.jp).

Research Director Kanehara is Member of Compass Voice - External Expert Network of the Japan Coast Guard