Translation
No.61/A5

THE GAIMUSHO

Tokyo, April 23, 1955.

Monsieur le Ministre,
With reference to your note of May 6, 1954, informing the establishment of the so-called Law for Conservation of Fishery Resources and the reason for enactment of the same Law, I now have the honour to set forth the views of the Government of Japan as follows:
1. In your note under reference, it is stated that the Korean Government has established the fishery resources conservation zone on the high seas contiguous to the territorial waters of the Republic of Korea and thus will take measures to exercise jurisdiction over all the fishing activities, in the said zone, of persons or of vessels of whatever nationality. It is further stated that the establishment of such fishery resources conservation zone is quite in accordance with a number of well-established international precedents. It is not clear whether or not the said zone has been established under the concept of the so-called "Contiguous Zone". But, even if it is assumed that the said concept be approved from the standpoint of international law, the exercise of control by the littoral states over foreign nationals and vessels should be limited and restricted in such areas on the high seas as are contiguous to, but at an extremely short distance from, their territorial waters and in the specified fields, such as police, customs and sanitation activities, to the minimum extent essential for the self-peservation and safety of the littoral states. The fishing activities in the contiguous waters should never be subjected as claimed on the part of the Korean Government to the control of the littoral states.
2. With reference to the establishment by the Republic of Korea of the fishery resources conservation zone, the Korean Diplomatic Mission cited the "Truman Proclamations" in its Note Verbale dated February 12, 1952. However, I cannot but point out that there exists a great difference between them.
It is to be recalled that two proclamations were issued by President Truman on September 28, 1945, namely the proclamation concerning the continental shelf and that concerning the regulation of fishing activities on the high seas. In the latter proclamation, it is stated to the effect that, where fishing activities on the high seas contiguous to the coasts of the United States are not developed and maintained by its nationals alone, regulation of and control over the fishing activities in such areas of the high seas should be conducted by agreements between the United States and other states concerned. On the other hand, the establishment of the fishery resources conservation zone by the Korean Government is intended to apply to foreign nationals such regulation as has been unilaterally decided without coming to any agreement with the states interested, in regard to the fishing activities in those areas of the high seas which have never been developed and maintained by Korean nationals alone.
3. The Korean Government states in its note under reference to the effect that littoral states enjoy the control rights to the fishing activities in the adjacent waters on the basis of the actual records of fishing in the past. The Japanese Government cannot, however, acknowledge this statement. Even if it is assumed that the Republic of Korea has the actual records of fishing in the past in the waters in question, this will, needless to say, not necessarily afford the Republic of Korea any legal grounds on which to exercise unilaterally exclusive jurisdiction over such waters; whereas it is a patent fact that many Japanese nationals have since olden times sailed out fishing on the high seas adjacent to the Korean Peninsula.
4. As may be clear from the statement above, the measures taken by the Korean Government under the plea of conservation of fishery resources are intended to exercise on the high seas jurisdiction unilaterally over nationals and vessels which belong to a foreign nation. In this respect they are obviously at variance with the principles of international law, under whatever plea they have been taken. Furthermore, it must be said to be an unfriendly act to the Japanese Government, not conforming with the international usage and practice. that the above-mentioned measures were taken by the Korean Government in the course of talks with the Japanese Government regarding the conservation of fishery resources.
The Japanese Government, on its part, cannot positively acquiesce in any acts by the Korean Government to apply unilaterally to Japanese nationals such measures as are designed to regulate fishing it a certain part of the high seas in which Japanese nationals are vitally interested and thereby to detain Japanese fishermen and fishing boats, with a belief that they run counter to the principles of international law and also the international usage and practice. Therefore, the Japanese Government hereby lodges again a most strong protest against the unlawful acts committed by the Korean Government.
5. At the same time, the Japanese Government, which is deeply interested in the conservation of fishery resources, hereby wishes to reiterate its willingness to resume the talks with the Korean Government regarding the measures to be adopted for the regulation of fishing.
6. The Japanese Government demands strongly that the Korean Government immediately release and return the Japanese fishing boats and their crewmen now under its detention, and reserves the right to claim indemnities for the damage sustained by the Japanese parties concerned as the result of the seizure by the Korean Government authorities.
I avail myself of this opportunity to renew to Your Excellency, Monsieur is Ministre, the assurance of my high consideration.

 

Mamoru Shigemitsu (Seal)

Minister for Foreign Affairs.