The High seas or international waters , In international and maritime law, refers to the open sea that is not part of the exclusive economic zone, the territorial sea or the internal waters of any particular state.
According to Melquiades Gamboa"high seas refers to all parts of the sea that are not included in the territorial sea or in the interior waters of a state. Being the common property of all nations. No portion of the high seas can be appropriated by any state and no state can subject any part of them to its sovereignty."
International waters in dark blue
The United Nations (1958) proposed the Convention on the High Seas, also called the Geneva Convention on the High Seas. The definition is essentially identical to that proposed by Gamboa.
By sea means all parts of the sea that are not included in the territorial sea or in the internal waters of a State.
The term was institutionalized by the United Nations Convention on the Law of the Sea (1982), UNCLOS in English.
UNCLOS defines the term by adding:"(...) Freedom on the high seas includes freedom of navigation, freedom of fishing, freedom to lay submarine cables and pipes, and freedom to fly over the area"and"... all parts of the sea that Are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, nor in the archipelagic waters of an archipelagic State".
Jurisprudence
According to maritime law, the term international waters or transboundary waters apply when any of the following types of water bodies (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, seas and closed or semi-closed regional estuaries , Rivers, lakes, groundwater systems (aquifers) and wetlands.
For several centuries, and since the European Middle Ages, many maritime states asserted sovereignty over large portions of the high seas. Well-known examples, Genoa claims in the Mediterranean and Great Britain in the North Sea, among others.
International waters have no sovereignty, they are Earth nullius Since no state exercises control or authority over those waters. Therefore, as a legal principle, it is established that all states have the freedom to fish, to sail, to fly, to investigate for scientific purposes, to construct artificial islands and other facilities permitted by international law.
UNCLOS recognized Exclusive Economic Zones (EEZs) extending 200 nautical miles from the baseline, sovereign rights over the water column and seabed, as well as the natural resources found there.
Article 87 states that the rules of international law also apply:"The high seas are open to all States, whether coastal or landlocked".
The established and accepted jurisprudence on international waters and the high seas, invests these areas as a world heritage site. Article 88 of the Convention reaffirms it by stating that international waters may be used only for peaceful purposes and that no state may legitimately claim to subject any part of the high seas under its sovereignty.
International Navigation
Vessels sailing on the high seas are generally under the jurisdiction of the National Flag (or stern flag indicating the nationality of the vessels). However, when a ship is involved in criminal acts, such as piracy, any nation may exercise jurisdiction on behalf of the Doctrine of Universal Jurisdiction.
Pending disputes
Artic ocean
Canada, Denmark, Russia and Norway consider all parts of the Arctic seas as national waters or inland waters, unlike the European Union and the United States. The Northwest Passage through the Canadian Arctic Archipelago is one of the clear examples.
Southern Ocean
Australia claims an exclusive economic zone (EEZ) around its Antarctic territorial claim. The lawsuit is still being discussed.
Okinotorishima
Japan claims that Okinotorishima is an islet and therefore must have a SEZ around it, but some neighboring countries say it is an atoll and therefore should not have a SEZ.
South China Sea
Japan, India and the United States, consider the South China Sea as international waters, but this view is not universal.
Indian Ocean
Somali Pirate
The Somali government exercises little control over Somali territorial waters. As a consequence there is a lot of piracy, illegal dumping of waste and fishing without permission.
International cooperation
Although water is often the subject of conflict, good management can be a source of cooperation to foster greater socio-economic development. For example, Senegal river basin cooperating through the Fleuve Senegal Value Organization (OMVS) has achieved greater socio-economic development and has overcome challenges related to agriculture and other issues.
References
- Gamboa, Melquiades. A Dictionary of International Law and Diplomacy (Quezon City, Philippines: Phoenix Press, 1973), pages 137-138.
- Duhaime's Law Dictionary. Retrieved on 01/29/2017 at duhaime.org.
- International Waters, United Nations Development Program. Retrieved on 01/29/2017 at wikipedia.org.
- High seas. Maritime law. The Editors of Encyclopædia Britannica. Retrieved on 01/29/2017 on britannica.com.
- What is the EEZ. National Ocean Service. Retrieved on 01/29/2017 at wikipedia.org.
- UNCLOS, article 92. Retrieved on 01/29/2017 at wikipedia.org.
- UNCLOS article 105. Retrieved on 01/29/2017 at wikipedia.org.
- Carnaghan, Matthew; Goody, Allison (26 January 2006). Canadian Arctic Sovereignty, Library of Parliament. Retrieved on 01/29/2017 at wikipedia.org.