The Legal Regime of High Sea
High Sea
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.
Legal Status of the High Sea
The high seas are open to all States.
The high seas shall be reserved for peaceful purposes.
No State may validly purport to subject any part of the
high seas to its sovereignty.
Every State, whether coastal or land-locked, has the right
to sail ships flying its flag on the high seas.
Freedom Of The High Seas: Article 87
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;
(d) freedom to construct artificial islands and other
installations;
(e) freedom of fishing;
(f) freedom of scientific research.
Conditions For Freedoms Of The High
Seas
Freedom of the high seas is exercised under the conditions
laid down by the LOS Convention and by other rules of
international law.
Conditions under UNCLOS:
- Due regards for the interests of other States in their
exercise of the freedom of the high seas and for the rights
of activities in the Area.
- For peaceful purposes only.
- No claim of sovereignty over any part of the High Sea.
Nationality & Status Of Ships
Article 91 & 92
Ships have the nationality of the State whose flag they are
entitled to fly.
Ships shall sail under the flag of one State only.
Ships shall be subject to exclusive jurisdiction of the states
under whose flag they are sailing on the high seas.
Duties Of The Flag State:
Articles 94-100, 108, 109
Exercising jurisdiction and control in administrative, technical and
social matters over ships flying its flag.
Taking such measures as are necessary to ensure safety at sea with
regard, inter alia, to seaworthiness and prevention of collisions.
Inquiring into every marine casualty or incident of navigation on the
high seas.
Duty to render assistance in search and rescue services.
Prohibition of the transport of slaves.
Duty to cooperate in the repression of piracy.
Cooperating in the suppression of illicit traffic in narcotic drugs and
psychotropic substances.
Cooperating in the suppression of unauthorized broadcasting from the
high seas.
Jurisdiction On Ships On The High Seas
Exclusive jurisdiction by flag state. [Art. 92]
Exceptions are, inter alia,: [See Lotus Case, Eichman
Case]
- Acts of piracy and
- Right of hot pursuit.
Article 101
Definition Of Piracy
Any illegal acts of violence or detention, or any act of
depredation,
- committed for private ends
- by the crew or the passengers of a private ship or a
private aircraft, and
- directed on the high seas,
- against another ship or aircraft, or against persons or
property on board such ship or aircraft.
Seizure Of A Pirate Ship Or Aircraft
Article 105
Every State may seize a pirate ship or aircraft and arrest
the persons and seize the property on board.
It may decide upon the penalties to be imposed.
It may also determine the action to be taken with regard to
the ships, aircraft or property, subject to the rights of third
parties acting in good faith.
Right Of Hot Pursuit
The violation of the local laws and regulations.
Article 111
To commence when the foreign ship or one of its boats is
within TS waters.
Only be continued outside the territorial sea if interrupted.
Only be commenced after a visual or auditory signal to
stop.
Ceases as soon as the ship pursued enters the territorial
sea of its own or of a third state.
Only by warships or military aircraft marked and
identifiable as being dedicated for the purpose.
Case Laws on Hot Pursuit
Necessary force to be used. [I Am Alone Case, Saiga
Case]
Constructive presence. [Aronah Case]
Prompt release. [M V Saiga Case, Volga Case]
