Some countries and islands are separated by small stretches of sea or ocean waters, such as those divided by straits and narrow bays. In such cases, international maritime law stipulates that the ownership of these waters is divided between the countries based on distance.
Each country exercises its sovereignty over approximately half the distance. However, if these maritime distances are vast, a different calculation method is applied. Such divisions often lead to disputes and conflicts, sometimes even escalating into military confrontations.
What is the law of the sea?
The nautical mile is a unit of measurement equal to 1,852 meters. According to the Law of the Sea, as established by the United Nations Convention, the 12 nautical miles closest to a country are known as the "territorial waters." This zone is considered an integral part of the country’s territory.
The state exercises full sovereignty over this zone, and its laws are binding on everyone within it. Beyond the first 12 nautical miles, there is an additional 12-nautical-mile zone known as the "contiguous zone," which serves as an adjacent area to the territorial waters.
In this zone, the state exercises significant authority with certain exceptions, such as allowing the passage of foreign ships. As for the third zone, which is typically the largest, it is known as the "Exclusive Economic Zone (EEZ)."
This zone extends up to 176 nautical miles, approximately 370 km. The state's sovereignty in this area is limited to specific economic rights, such as fishing, resource exploitation (including oil and gas exploration), and other related activities. Beyond this third zone, the waters are considered international and belong to all nations, commonly referred to as "international waters."
This Law of the Sea was formulated over many years, starting in the 1970s. However, it officially came into effect and became legally binding for all countries in 1994.
Okinotorishima islands
Okinotori Island, often referred to simply as Okinotori, is a very small island located in the Philippine Sea near the Pacific Ocean, close to Japan's territorial waters. The island was first known to humans in the 14th century by Japanese sailors, who named it "The Island of the Five Sails."
Over the years, sovereignty over Okinotori Island has changed hands multiple times due to wars and disputes. The last country to hold sovereignty over the island was the United States, which seized Okinotori and other Japanese islands after World War II.
The United States continued to hold possession of Okinotori Island until 1968. After this year, the U.S. government agreed to return the island to Japan, as Japanese-American relations began to improve somewhat following the war. Additionally, the island is very small, and most of it is submerged underwater.
In short, there was no real interest for the United States in maintaining sovereignty over this island. Okinotori Island is a rocky outcrop, mostly submerged, surrounded by coral reefs. In the past, its total area was about 8 square kilometers. However, with rising sea levels, only two small rocks remain above the water’s surface, covering no more than 10 square meters in total.
To the extent that it is disputed whether it should be considered an island or just two rocks floating on the surface of the water. Over the years, these floating rocks, which originally numbered five, have dwindled to only two, and occasionally three, particularly during times of significant low tide.
Are they two rocks or an island?
As for the two rocks that still float on the water's surface, the first rock is relatively large, measuring 7.86 meters in length, while the second one is much smaller, with a length of only 1.58 meters. Despite their small size, these rocks are located about 950 nautical miles away from Japan's capital, Tokyo.
However, they are located about 165 nautical miles from the nearest considered point of Japanese territory. As mentioned earlier, the Exclusive Economic Zone (EEZ) extends up to 176 nautical miles, meaning the two rocks lie within Japan's EEZ. The major issue here, however, is the lack of a clear and universally agreed-upon definition of the term "island" by the international community.
The Law of the Sea defines islands as naturally formed land masses surrounded by water on all sides. Rocks, on the other hand, are small landforms that cannot support human habitation or economic activities. This distinction has led to significant issues and crises due to varying interpretations and the lack of detailed clarification.
The law does not explicitly define the status of submerged islands. This raises the question of whether these submerged islands are considered based on their entire actual area, or only the portion that remains above the water's surface. Additionally, the law does not specify what types of economic activities might meet the criteria that would allow a rock to be classified as an island. This lack of clarity further complicates matters.
As a result, a dispute arose. From Japan's perspective, Okinotori is considered a submerged island rather than just two rocks. Therefore, the possibility of "rescuing" the submerged island is still viable. Regarding economic activities, Japan argues that they can be conducted on the available area of the island, or even on smaller portions of it.
And this is indeed what Japan did later. However, on the other hand, many countries, notably China, strongly disagree with the idea of referring to these small rocks as islands. This brings up several questions, the first of which is: Why does Japan care so much about these small rocks?
If these rocks held any significant importance, why did the United States give them up so easily? And what role does China, or any other countries, have in this matter to begin with?
The importance of Okinotorisma rocks
As for the first question regarding Japan's interest in the two rocks, the simplest answer is that if the rocks are considered an island, Japan would then begin to calculate its territorial waters, contiguous zone, and Exclusive Economic Zone starting from those rocks. This would grant Japan greater control over a larger maritime area.
This is because if the two rocks are recognized as an island, they would become Japanese territory, allowing Japan to exercise full sovereignty over them. At that point, Japan's geographical area would expand significantly, and vast stretches of water would fall under its sovereignty. Japan would then have the authority to exercise whatever activities it desires in these waters, further strengthening its control over the region.
As for the United States giving up the island, the reason lies in the fact that the U.S. relinquished control of the island in 1968, as previously mentioned, which was before the formation of the Law of the Sea in 1994. Prior to this law, countries only exercised sovereignty over 3 nautical miles of waters, not the expansive zones that would come later.
As for China's connection to the islands, Okinotori Island is located in a position that lies between the U.S. territory of Guam and, on the other side, is closer to Taiwan, China, and Korea. This strategic location makes the island significant in the context of regional geopolitical interests, especially for countries like China.
Therefore, China is concerned about the proximity of the U.S. to its territory, or even closer to one of its allies, Japan. However, if these waters remain designated as an Exclusive Economic Zone, China would then have the opportunity to conduct surveillance, deploy submarines, and activate the area for rapid response and alert systems, strengthening its presence and influence in the region.
Reasons why Japan spent $600 million to protect the two rocks
In 1987, Japan spent significant amounts of money to protect the two rocks from erosion and submersion. Initially, the expenses were allocated for wave breakers, concrete barriers, and large quantities of gravel and sand. These measures aimed to prevent the rocks from disappearing under the water due to natural forces.
In 1988, Japan completed its project by establishing a monitoring station for ship surveillance, as well as creating a site known as the Japan Marine Science and Technology Center. This facility was built on an artificial island, fully reinforced with titanium, located where the submerged island once was.
After the area once only had two submerged rocks in the water, a third titanium rock was added, permanently stationed in the location. As for China, it claimed that Japan had established a fully integrated military base on the island, not just a scientific and technological research facility.
Regardless of the nature of the activities Japan undertook, the reported amount spent by Japan reached 600 million US dollars. The overall goal of these substantial expenditures was to preserve the two rocks and prevent them from being submerged or eroded further.
However, Japan is waiting in the hope of gaining international approval to recognize the two rocks as an island, thereby granting them full Japanese sovereignty. This is why Japan has gone to great lengths to protect the rocks at any cost.