Translation

THE GAIMUSHO

No.284/A2

Tokyo, December 10, 1953

Excellency:
I have noted a press report that the National Assembly of the Republic of Korea passed on December 1, 1953, a bill concerning protection of the fishery resources which had been introduced by the Government of the Republic of Korea. According to the press report, the bill provides that the Government of the Republic of Korea designates as an area under its jurisdiction for the purpose of protecting fishery resources the high seas delimited by the so-called "proclamation of the maritime sovereignty" issued on January 18, 1952, making it necessary for persons who wish to engage in fishery within the said area to obtain the permission of the Government of the Republic of Korea, with the penal provisions for those who have failed to obey the law and those who are suspected of violation thereof.
The Government of Japan regards the above report with grave concern, and, therefore, I wish to request that the Government of the Republic of Korea will be good enough to inform the Government of Japan of the authenticity of the above report.
I have the honour to invite the serious attention of the Government of the Republic of Korea to the fact that the legislation as reported, if true, is at variance with the established international law and usage and cannot be recognized by the Government of Japan. That the fishing on the high seas should be free is clear beyond any doubt in the light of the principle of international law which is accepted by the overwhelming majority of the nations in the world. With this in view, the Government of Japan has maintained on many that it could not recognize the so-called "proclamation of maritime sovereighty" as valid.
Accordingly, I must reiterate that, in the opinion of the Government of Japan, a domestic legislation of one country is applicable, outside the limits of its territorial waters, only to the nationals and the vessels of the State which enacts such legislation, and a unilateral proclamation of sovereignty over a certain portion of the high seas cannot change the status of the, nationals of other states who are engaged in fisheries therein. The Government of Japan is, of course, deeply interested in the conservation of fishery resources. As you are familiar, is from this point of view that the Government of Japan has made it clear in the course of the past Japan-Korea talks that it was prepared to conclude with the Government of the Republic of Korea an agreement on fishery including the regulative measures required on the basis of scientific study.
It is earnestly desired that the Government of the Republic of Korea, taking into consideration the adverse effects the proposed legislation will create on the relations between Japan and Korea, will refrain from infringing upon the legitimate rights of Japanese nationals in disregard of the prifciples of international law.
Accept, Excellency, the renewed assurances of my high consideration.

 

Katsuo Okazaki (Seal)

Minister for Foreign Affairs