The Archive · 1939

History of Fisheries Dispute

WINDS — Japanese Claims Not Substantiated by Facts Russia Exerting Rights in International Law

IHE fishery dispute between Soviet Russia and the Empire of Japan having in recent da; assumed the dimensions of a first-class international quarrel, which, if not settled, might even Jead to war, it is of interest to review the history of this question and to try and make clear what it is really all about, Understanding of the problem has been made more difficult than necessary by the use of misleading terms. The Japanese, for instance, re constantly asserting that all they are asking for 3 is the right to "free fishing".

'On hearing this, one at once thinks of the "Freedom of the Seas' and imagines that the Japanese are being denied the right to fish even on the high sea. That docs not enter into question at all, as according to International Law every nation has the right to fish on the high sea. The dispute centres round the territorial waters within the 12-mile limit of the Russian coast. which were really "stabilized lots Moreover, it must be noted that more especially as, in the course of the "auction lots" of which there is time, the Japanese had reserved for much talk include not only a themselves all the bigger and better Specified area of water, but also the fishery lots. Finally a fresh agree-foreshore to a certain depth inland. ment was initialled on November 2, fon which the fishermen are. allowed 1936, in which both governments to erect their canneries and other mage a number of concessions; it was temporary buildings to have been signed on November 2 during the fshing season from April and the prospects of settling the land to August. Again, when the J dispute looked very hopeful. Un-exe talk of "stabilized Tots," all they: fortunately, while this fishery agrecis certain areas allotted to their ment was being negotiated—with the Russia, the Japanese Foreign OMe, exists solely in with its well-known but "upsetting, their imagination and is, Indeed, ons shaw.. of workings in water-tight com: fof the main grounds of dispute. partments, and with a great facility In general, then, this Ashery cise Yor doing the wrong thing at the pute between the' two. countries. is wrong moment, not only went and over Mshing rights inside Russian signed, but even made" public, its territorial waters, the Russians claim-famous anti-Comintern Pact with ing the right (o make what rules and Germany. The Russian government, regulations ey like on their own not entirely unnaturally, took this territory, and the Japanese claiming 4 challenge to itself, and on Novem that in the course of years they have ber 19 declared its refusal to sign the agquited certain prescribed rights Bishery Agreement, which are no longer open to, discus ion, even though inside Russian ter= Negotiations Reopened ritorial waters, After much bickering and mutwat Origins In 1905 ceerimination, negotiations for a fresh settlement were again opened. But The present dispute goes back to the Japanese had missed their the Treaty of Portsmouth of Septem= hance. "For now the Soviet govern-ber 5, 1905, which closed the Russ snout not only reverted to the original Japanese war. Article Eleven of this Stan of 1928 of auctioning the whole Treaty slates:—"Russia engages to the fishery lots impartially—ond arrange with Japan for granting 10 without any consideration of Japan Japanese subjects rights of fishery 260 elaims—but also, on the plea of along. the coasts of the Russian pos military security and for reasons, of sessions in the Japan, Okhotsk, and Ish conservation, withdrew from the Behring Seas, It is agreed that. the ection forty of the lois which the foregoing engagement shall not affect Japanese claimed as their own special the rights already belonging to Rus-preserve, All demands of the Japan~ sian or foreign subjects in those reese for exemption of the stabilized ions." {ots "belonging to Japan" were firmly Tt will be seen that this. clause ejected, and on March 15 the auc deals merely with the eneral prin tion of all the lots. took place, at tiple and does not go into any details. which the Japanese fishing interests For that purpose a Fisheries Convenid not take part. tion was concluded between the two countries on July 28, 1007. Tu those Now let us review the arguments days the fishing industry of neither fon either side. The Japanese, country—quite especially not that of effect, say:—We have been fishing in Russia—had assumed anything like these northern waters, in accordance the dimensions that it has today. with the rights conferred on us by There was, therefore, enough for the Portsmouth Treaty, for over both, and mo cause for dispute. thirty years. We have built up an industry worth nearly Afty million With the Russian Revolution of 1017 Russian fishing interests dis-yen, of which forty" million yen's Worth Is exported direct to foreign appeared practically completely from markets, so that the fishing industry these waters, and the Japanese had plays ant important part in balancing 8 free hand' along the whole coast, our international payments. Morefr, as a certain Japanese poor put it over, it employs over twenty thous-in' the Diet, "they operated their and of our fishermen from Hokkaido fisheries in accordance with the, prin-and Soghalin who make from three ciples of business management." The tive hundred yen in a season, Soviet government. was much too occupied in consolidating its own Of the 280 lots the only ones that position to worry about fshing rights the Soviet government has a right these Far Eastern waters, and to auction publicly are nine ordinary was not til 1025 that i began to look ones, the leases of which expire this into the matter, In that year an year. The remaining 271 are stabilized agreement (Yoshizawa-Karakhan) lots, where we Japanese have been wag signed, by which licences were fishing all these years. To auction issued for the fishing lots, and as off these lois to any bidder and to Japan took eighty per cent. of these withdraw, on flimsy pretexts, forty ets, she had no grounds for com= the best lots from the auction even, plaint, It was, however, obvious that a breach of the spirit of the Ports-this could not Vast and that, as Soviet mouth Treaty and of the letter of Russia began to feel her strength, she the later Fishery Conventions, and was certain to insist on obtaining a a denial of the clear rights of Japan-larger proportion of the fshint in ese fishing interests. (Some of the her own waters, Wilder members of the Diet. have talked a lot about the fishery dispute Auctioning Introduced being a much deeper struggle, one between two ideologies; but as will 1928 a fresh agreement was have been seen, there was no ques-igned in which Russia for the first ton of that up' to now, and no i ime introduced the system of auc-portance need be attached to that tioning the fishing lots. This is where Kind of nonsense.) the trouble started. The Japanese, in the course of close on a quarter The Russian Case of a. century of practically "undis-'The Russian ease is as follows turbed fishing since the Portsmouth Treaty, had "begun to regard the 1. All the fishery conventions are based on the Treaiy of Portsmouth. right of fishing in Russian territorial This treaty has been broken both in waters as an undisputed right accrued to them by custom and precedent. the spirit and in the letter by Japan: But the system of auctioning firstly by her seizure of Manchuria; directly through such rights, when ind secondly by her fortifying. the anybody could bid for alor which Strait tbelween Hokkaido and lin). By this latter measure would yo to the highest bidder. This Russian fishing fleets have been caused constant friction, and in 1932 denied direct access to the outer a provisional agreement was drawn up, whereby a certain number of so-Pacific. Having broken the treaty in this way the Japanese cannot base called stabilized lots—the Japanese claim 280—were to be auctioned, but any claims of their own on it any only to the Japanese.

But the trouble continued, and there were constant disputes as to 2 The money derived from the auctions is an entirely minor point.

Text read from the printed page and cleaned; old type leaves the occasional error.

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