The High Seas and International Law: Principles and Freedoms
The High Seas
Definition
High Seas: All parts of the sea not included in the exclusive economic zone, territorial sea, internal waters, or archipelagic waters of an archipelagic State (Article 87 of the UN Convention on the Law of the Sea – UNCLOS).
Principles and Freedoms
According to Article 87 of UNCLOS, the freedom of the high seas is exercised under the conditions laid down by the Convention and other rules of international law. The high seas are open to all States, whether coastal or landlocked. UNCLOS lists these freedoms, but it does not exhaust all existing ones:
- Freedom of Navigation
- Freedom of Overflight
- Freedom to Lay Submarine Cables and Pipelines (subject to Part VI)
- Freedom to Construct Artificial Islands and Other Installations (subject to Part VI)
- Freedom of Fishing
- Freedom of Scientific Research (subject to Parts VI and XII)
These freedoms shall be exercised taking into account the interests of other States. Article 88 states that the use of the high seas is only for peaceful purposes. Freedom of the high seas does not include exploration and exploitation of resources located on the seabed and its subsoil.
1. Freedom of Navigation
- Article 89 prohibits claims of sovereignty over the high seas. No state can lawfully claim to subject any part of the high seas to its sovereignty. Article 91 addresses the nationality of ships.
- Coastal or landlocked states have the right to vessels flying their flag on the high seas (Article 90). Ships are, in principle, subject to the exclusive jurisdiction of the flag State (Article 92.1). Ships shall sail under the flag of one State. If they are under two or more States and used according to convenience, they may not claim any of the nationalities in a third country and may be considered vessels without nationality (Article 92.2). States shall establish requirements for granting their nationality to ships, which must be registered in their territory.
- Article 93 of UNCLOS gives the right to vessels under official service of the UN, its specialized agencies, or the International Atomic Energy Agency to sail under their own pavilion.
- While the principle is that ships at sea are subject to the exclusive jurisdiction of the flag state, Article 92.1 provides for exceptional cases expressly provided for in international treaties or in UNCLOS.
Limits on Freedom of Navigation
Although freedom of the seas means the absence of state sovereignty over the middle and the principle of exclusive jurisdiction of each State over ships of their nationality, there are exceptional circumstances the exercise of state powers in the high seas or limitations absolute freedom in the use of the seas.This is a set of situations in which recognize the state competition to proceed against certain foreign ships under its flag or flag, when they are at sea, but have attacked the sovereignty or state security in question, or have violated certain rules that protect the interests of the entire international community, such as those prohibiting
- Trafficking, to combat piracy or protect the marine environment from pollution;
- Right of hot pursuit
- Suppression of radio or television broadcasts unauthorized
B) PRINCIPLES AND FREEDOMS
2. FREEDOM OF FISHERIES (arts. 116-120)
- Freedom of fishing in its current space and material containing less than in 1958. International cooperation is necessary for States to maintain the maximum sustainable yield of fish stocks and for its restoration, even to impose measures to prevent the depletion of natural resources.
- To realize this cooperation in the exploitation of offshore fisheries resources have been established as OI NAFO Fisheries Organisation (Northwest Atlantic), NAFO Fisheries Organisation (Atlantic Northeast), GFCM (General Fisheries Commission for the Mediterranean).
LIMITS ON FREEDOM OF ANGLING: THE AGREEMENT ON straddling and highly migratory SPECIES OF 1995
- THE ZIFMO: CONCEPT
They are the deep sea-bed, its subsoil and resources located beyond national jurisdiction. It affirms the principle of peaceful use of the area by all States and recognizes the special interest of developing countries regarding the exploitation and exploration of the area. It stresses international cooperation in scientific research for peaceful purposes, to prevent contamination and to maintain the area’s natural resources (Part XI
GUIDING PRINCIPLES
- The guiding principles are reflected in the Resolución.2749 (XXV) of the UNGA on 17 December that it contains in embryo the guiding principles of the seabed:
- 1. declared the common heritage of humanity (PCH) bottom of the seas and oceans,
- 2. exploration of the area shall be in accordance with the purposes and principles of the Charter of the United Nations,
- 3. exploration and exploitation will take place in the interest of all mankind, taking into account the needs of developing countries,
- 4. the area will be reserved exclusively for peaceful purposes.
- It originates in a proposal submitted by the representative of Malta at the UNGA to establish a specific international legal regime for the seabed based on its exclusive use for peaceful purposes and its exploitation in the interest of humanity.
INSTITUTIONAL
- The International Seabed Authority is the organization to which the States rely on monitoring the activities of the area as well as managing its resources.
– Company: a complementary body. According to the 1994 Agreement, the company did not start acting until the holding area to be profitable and act through the system of joint ventures unless the Council decides his performance as an independent