An International Legal Study of the Multifaceted Jurisdictional Disputes in a "Free and Open Indo-Pacific"

Ⅰ．Abstract of International Joint Research

 Repeatedly, since Russia’s invasion of Ukraine, the use of resources and food exports as instruments of diplomacy has disrupted or hindered the logistics that directly impact people’s lives worldwide. This has prompted many States to reassess their traditional dependence on certain countries for “critical resources” and to pursue new forms of  diplomacy. Attempts to alter the status quo by “force” are fundamentally unacceptable under the “Rule of Law.” However, when such acts are committed by a permanent member of the UN Security Council, the international community remains structurally unable to prevent them, as the veto power is invoked. In response, targeted States have faced economic sanctions, while some nations have abandoned their former policies of neutrality and joined NATO, further fragmenting the international order.

 These developments are likely to affect other areas of international relations. For example, the global shift toward renewable energy—such as electric vehicles (EVs) and solar power—cannot proceed without secure access to the mineral resources needed to address global warming, which may become unavailable due to disruptions in logistics. Environmental degradation, including global warming and damage to the marine environment, may follow from such geopolitical upheavals. This situation calls for collaborative intellectual engagement among researchers who “share a sense of crisis” and a shift from sporadic research efforts to a continuous International Joint Research (IJR) framework.

 The Japan–Timor-Leste Joint Statement of 16 December 2023 affirmed support for both the “ASEAN Outlook on the Indo-Pacific (AOIP)” and the “Free and Open Indo-Pacific (FOIP),” and emphasized Japan’s de facto recognition of ASEAN as the region’s eleventh member. As tangible demonstrations of this support, Japan confirmed its involvement in the Japan International Cooperation Agency (JICA) and the ASEAN Integration Initiative (IAI), as well as its “support for an international order based on the ‘Rule of Law’ that ensures a

framework for dispute settlement and the universal and uniform character of UNCLOS.” In this context, practitioners from Timor-Leste will be invited to examine complex jurisdictional issues arising from the shifting status quo in land and maritime delimitations.

 Specifically, the IJR project seeks to develop legitimate theoretical frameworks for resolving international disputes stemming from the functional jurisdictional divisions  established under UNCLOS. These frameworks will form the basis for policy proposals, drawing on the expertise of participating co-researchers. In concrete terms, three Japanese researchers (including the PI and one deputy) will lead the establishment of an IJR system that includes six overseas researchers and practitioners (three of whom are women). They will visit the institutions and facilities of these overseas collaborators, develop theoretical foundations for Japanese policy proposals, and disseminate the research findings through an English-language publication.

Ⅱ.Members of The PROJECT (Japan)

1.NAKADA Tatsuya

Kobe University Graduate School of Maritime Sciences Associate professor (Ph. D. in Marine Science Research representative)

2.YOSHIHARA Tsukasa

Himeji Dokkyo University Human Sociology Professor (Master (Law) Research Assignee)

3.YAMASHITA Tsuyoshi

Tohoku  University Organisation for the Promotion of International Collaboration Research fellow (Ph.D. in Law Research Assignee)

Ⅲ．Special Members of The PROJECT 

1.Jay Batongbacal 

2.Leon Moller

Le Anh Dao 

Jacqueline Joyce Espenilla 

Teofilo de Jesus 

Jeremy M. Potter

Teruaki Aizawa 

Jeneva Wright

Chihiro Nishikawa

Link information

https://kaken.nii.ac.jp/en/grant/KAKENHI-PROJECT-24KK0023/

Information on overseas researchers participating in this joint research project and their participation status will be updated at a later date.

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YOSHIHARA Tsukasa