What Are High Seas Under International Maritime Law?

The high seas refer to the areas of the ocean that are not subject to the jurisdiction of any single country. Under international maritime law, specifically the United Nations Convention on the Law of the Sea (UNCLOS), the high seas represent the global commons, open to all states for navigation, fishing, and resource exploitation, but they are also subject to rules that ensure their sustainable use and protection. The freedom of the seas is a fundamental principle of international law, and UNCLOS establishes regulations to balance state interests with the need for global cooperation in managing the oceans.

What Are High Seas Under International Maritime Law?

Definition of High Seas

The high seas are defined by UNCLOS as all parts of the ocean that are beyond the national jurisdiction of any state, i.e., areas that fall outside a nation’s territorial waters, exclusive economic zone (EEZ), and continental shelf. According to UNCLOS Article 86, the high seas begin beyond the 12 nautical miles of a state’s territorial sea and extend to the outermost limits of the ocean.

The high seas cover roughly 50% of the Earth’s surface and are located in the areas of the open ocean that are free from any sovereign jurisdiction.

The high seas are also referred to as international waters, where no single nation has ownership or exclusive rights over the resources or activities conducted within them.

Freedom of the High Seas

Under UNCLOS, the high seas are subject to the principle of freedom of the seas, which ensures that all states have the right to:

• Freedom of navigation: Vessels of any nation may sail freely through the high seas without interference from any state.
• Freedom of overflight: Aircraft can fly freely over the high seas without restrictions.
• Freedom to lay submarine cables and pipelines: States can install underwater cables or pipelines across the high seas.

These freedoms, however, come with responsibilities to respect the rights of other states and the need to preserve the marine environment.

Resource Exploitation on the High Seas

UNCLOS provides for the exploration and exploitation of living and non-living resources in the high seas, but these activities must be carried out in a way that ensures sustainability and equitable use:

• Living Resources: The high seas fisheries are managed under international agreements to ensure sustainable fishing and prevent overfishing. For example, the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR) and regional fisheries management organizations (RFMOs) regulate the harvesting of fish on the high seas.
• Non-Living Resources: States and private entities are allowed to explore and exploit resources such as minerals and oil in areas beyond national jurisdiction, provided they comply with regulations and are approved by relevant international bodies like the International Seabed Authority (ISA).

Environmental Protection on the High Seas

One of the key challenges in managing the high seas is ensuring the protection of the marine environment from pollution and degradation. UNCLOS establishes the following mechanisms for environmental protection:

• Marine Environmental Protection: UNCLOS mandates that all states must take measures to prevent pollution of the seas, whether from land-based activities, ships, or dumping of waste.
• Marine Biodiversity Conservation: The treaty requires states to ensure that the exploitation of marine resources does not negatively affect marine biodiversity, especially in ecologically sensitive areas.
• Precautionary Approach: States must adopt a precautionary principle in managing activities on the high seas, meaning that they should prevent potential harm to the marine environment even in the absence of conclusive scientific evidence of damage.
• Marine Protected Areas (MPAs): The establishment of MPAs on the high seas is gaining traction as part of international efforts to safeguard biodiversity and marine ecosystems.

Piracy and Maritime Security

Piracy remains a significant threat on the high seas. UNCLOS provides the legal basis for the suppression of piracy, empowering states to take action against piracy on the high seas, including:

• Extradition of pirates to face trial in countries where they are prosecuted.
• Universal jurisdiction allows any state to seize a pirate vessel and bring those responsible to justice, even if the piracy occurs far from the state’s own waters.

The International Maritime Organization (IMO) and other regional organizations are actively engaged in improving maritime security to prevent piracy and other illegal activities, such as human trafficking, illegal fishing, and environmental violations, on the high seas.

Jurisdiction Over the High Seas

While the high seas are open to all nations, certain activities conducted on the high seas are subject to international agreements and regulations, including:

• Ship Registration: Ships sailing on the high seas are generally required to be registered under a flag of a particular state. The state of the flag holds jurisdiction over the ship and is responsible for ensuring that the ship complies with international standards on safety, environmental protection, and criminal conduct.
• International Courts: Disputes related to the high seas, such as disputes over resource rights, environmental harm, or piracy, can be referred to the International Tribunal for the Law of the Sea (ITLOS) or other relevant international courts for adjudication.

High Seas and the Law of the Sea

UNCLOS provides for peaceful use of the high seas, ensuring that no state has exclusive rights over them. Key provisions of UNCLOS on high seas include:

• Article 87: Recognizes the freedom of navigation and the freedom of overflight on the high seas.
• Article 116: Gives states the freedom to fish on the high seas, subject to conservation and management measures.
• Article 139: Requires cooperation to protect and preserve the marine environment of the high seas.

Examples of High Seas in Practice

Piracy in the Gulf of Aden

The Gulf of Aden, one of the world’s busiest shipping routes, has witnessed frequent piracy attacks. UNCLOS and the IMO have facilitated international cooperation among states to combat piracy and improve security in these waters, often through joint naval patrols and increased legal frameworks for piracy suppression.

Fishing on the High Seas

Overfishing in regions such as the South Pacific and North Atlantic has led to the establishment of Regional Fisheries Management Organizations (RFMOs). These bodies regulate fishing activities on the high seas, ensuring that fish stocks are not depleted and that sustainable fishing practices are followed.

Conclusion

The high seas are critical areas of the global commons that require international cooperation to manage effectively. While states enjoy the freedom of navigation and resource exploitation on the high seas, they are also bound by UNCLOS to ensure the sustainable use of these resources and the protection of the marine environment. By adhering to the principles of UNCLOS, the international community aims to prevent conflicts and promote peaceful, equitable, and environmentally responsible use of the oceans.