Annex No. 1
Reply to the question on which one of the two principles is the Japanese fundamental attitude: the freedom of high seas or the ensurance of the maximum sustained productivity of fishery resources.
The two principles, one concerning the freedom of the high seas and the other on the ensurance of the maximum sustained productivity of fishery resources are not inconsistent with each other, but the two together should be considered as being basis. Measures should be taken to ensure the maximum sustained productivity of fishery resources, while at the same time maintaining the established principle of the international law of the freedom of the high seas. This is, in short, the fundamental thought underlying the draft agreement submitted by the Japanese government.
The freedom of the high seas, referred to herein, means the freedom of a country to carry out fishing on the high seas, without any restriction, other than such as may be provided for in agreement with other countries. The principle of the freedom of the high seas, however, does not preclude the right of any country to voluntarily restrict fishing activities of its own nationals, nor does it hinder this country and other countries from restricting or limiting together under mutual agreement, the fishing activities of their nationals.
In recent years due to the progress made in fishing technique, it has become necessary to consider the conservation of fishery resources. Therefore, there are now precedents wherein interested countries have taken measures to conserve the fishery resources by voluntary act or in agreement with other countries concerned. The negotiations for the conclusion of a fisheries pact between Japan, Canada and the United States and the conducting of present talks by Japan with the Republic of Korea are in line with the aforementioned precedents.
In other words, the voluntary adoption by any country of restrictive measures on the fishing activities of its nationals or the adoption, upon agreement with other countries concerned, of restrictive measures on the fishery activities of its nationals as well as the nationals of the other countries concerned, does not, by any means, run counter to the principle of the freedom of the high seas. What follows from this principle is that such restriction or limitation cannot be forced upon other countries or their nationals without agreement.
According to Mr. YIM’s address at the first session of this committee, Korea appears to have a deep concern about the maintenance of the maximum sustained productivity of the fishery resources wherein she has interest. Japan also has similar concern about the resources in which Japan has interest. Japan’s draft agreement, therefore, aims to attain, with Korean consent, the ensurance of the maximum sustained productivity of fishery resources, while maintaining at the same time the principle of the high seas.