A Standoff in Uncharted Waters
A Chinese buoy planted within Japan's exclusive economic zone (EEZ) has sparked a diplomatic standoff. Despite repeated demands from Tokyo, Beijing has refused to remove the buoy, leaving the situation unresolved for nearly a year.
The yellow buoy, equipped with meteorological observation equipment, was discovered by the Japan Coast Guard northwest of the Senkaku Islands in July 2022. These uninhabited islands, administered by Japan, are also claimed by China, adding fuel to the fire.
Japan's protest against the buoy's presence rests on the United Nations Convention on the Law of the Sea (UNCLOS), which prohibits the installation of structures within another country's EEZ without consent. However, China counters that the area falls under its own EEZ, further complicating the issue.
The buoy is widely seen as a strategic move by Beijing to solidify its claim over the disputed waters. Prime Minister Fumio Kishida's direct appeal to President Xi Jinping during their November 2022 meeting proved futile, leaving the Kishida administration facing criticism for its perceived lack of action.
The absence of clear-cut rules and precedents under international law regarding such situations further complicates the issue. The overlapping EEZ claims of Japan and China in the East China Sea add another layer of complexity, as the boundary between the two zones remains undefined.
While a coastal country has sovereign rights to explore and develop resources within its EEZ, conducting marine scientific research requires consent from the relevant country under UNCLOS. Japan views China's unilateral installation of the buoy as a violation of this principle.
However, the lack of specific rules and precedents under UNCLOS leaves Japan with limited options for taking action against China. This legal ambiguity has created a "gray area" for Japan's response, according to a senior Foreign Ministry official.
Experts like Professor Emeritus Shigeki Sakamoto advocate for the removal of the buoy as a demonstration of Japan's resolve to defend its territory. However, such a move carries the risk of escalating tensions and potential clashes.
The history of similar buoys in the area, including one found in the Chinese side of the median line in 2013 and another discovered in the Japanese side in 2018, further highlights the ongoing dispute. The recent discovery of a Chinese buoy in January 2023, which later sank, further underscores China's unwavering stance.
China's dismissive response to the January incident, attributing the buoy's presence to technical failure, and the silence of Chinese state media on the issue suggest a lack of willingness to compromise.
As the standoff continues, the question of how Japan will respond to China's challenge to its EEZ remains unanswered. The lack of clear legal recourse and the potential for escalation make this a delicate situation with far-reaching implications for regional stability.