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High Seas Rights Under UNCLOS 1982

The document summarizes international law regarding jurisdiction in the high seas. It defines the high seas as all ocean areas outside of a nation's territorial waters or exclusive economic zone. It then outlines that under the 1982 UNCLOS, no nation can claim sovereignty over any part of the high seas. It lists several freedoms that all nations have in the high seas, including navigation, overflight, fishing and scientific research, with reasonable regards to other nations' rights and interests. It also specifies that the high seas are only for peaceful purposes and that military and government vessels have immunity from other nations' jurisdiction except for their flag nation.

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Yngwie Enriquez
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52 views2 pages

High Seas Rights Under UNCLOS 1982

The document summarizes international law regarding jurisdiction in the high seas. It defines the high seas as all ocean areas outside of a nation's territorial waters or exclusive economic zone. It then outlines that under the 1982 UNCLOS, no nation can claim sovereignty over any part of the high seas. It lists several freedoms that all nations have in the high seas, including navigation, overflight, fishing and scientific research, with reasonable regards to other nations' rights and interests. It also specifies that the high seas are only for peaceful purposes and that military and government vessels have immunity from other nations' jurisdiction except for their flag nation.

Uploaded by

Yngwie Enriquez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

High Seas is described in the 1982 UNCLOS as “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, or in the
archipelagic waters of an archipelagic State.”

Here is a summary what a State can or cannot do, in the High Seas:

1. “No State may validly purport to subject any part of the high seas to its sovereignty.” (Article
89)

2.

A. The high seas are open to all States, whether coastal or land-locked. Freedom of the
high seas is exercised under the conditions laid down by this Convention and by other rules
of international law. It comprises, inter alia, both for coastal and land-locked States:

(a) freedom of navigation;

(b) freedom of overflight;

(c) freedom to lay submarine cables and pipelines, subject to Part VI;

(d) freedom to construct artificial islands and other installations permitted


under international law, subject to Part VI;

(e) freedom of fishing, subject to the conditions laid down in section 2;

(f) freedom of scientific research, subject to Parts VI and XIII.

B. These freedoms shall be exercised by all States with due regard for the interests of other
States in their exercise of the freedom of the high seas, and also with due regard for the
rights under this Convention with respect to activities in the Area. (Article 87)

C. "The high seas shall be reserved for peaceful purposes."(Article 88)

D. The seabed beyond national jurisdiction is open to use "exclusively for peaceful purposes.
(Article 141). Part XI of the 1982 Convention contains substantial restrictions on the use of the
seabed beyond coastal state jurisdiction, but these relate only to "activities in the Area." The term
"activities in the Area" is defined by Article 1 to mean "all activities of exploration for, and
exploitation of, the resources of the Area." Article 133 defines "resources" to mean "all solid, liquid
or gaseous mineral resources in situ in the Area at or beneath the sea-bed, including polymetallic
nodules.

E. Warships on the high seas have complete immunity from the jurisdiction of any State other than
the flag State. (Article 95)
F. Ships owned or operated by a State and used only on government non-commercial service shall,
on the high seas, have complete immunity from the jurisdiction of any State other than the flag
State. (Article 96)

G. Penal jurisdiction in matters of collision or any other incident of navigation

1. In the event of a collision or any other incident of navigation concerning a ship on the
high seas, involving the penal or disciplinary responsibility of the master or of any other
person in the service of the ship, no penal or disciplinary proceedings may be instituted
against such person except before the judicial or administrative authorities either of the flag
State or of the State of which such person is a national.

2. In disciplinary matters, the State which has issued a master's certificate, or a certificate
of competence or license shall alone be competent, after due legal process, to pronounce
the withdrawal of such certificates, even if the holder is not a national of the State which
issued them.

3. No arrest or detention of the ship, even as a measure of investigation, shall be ordered


by any authorities other than those of the flag State. (Article 97)

H. Ships sailing the high seas are generally under the jurisdiction of the flag state (if there is one);
however, when a ship is involved in certain criminal acts, such as piracy, any nation can exercise
jurisdiction under the doctrine of universal jurisdiction.

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