High seas

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Zones under the Law of the Sea according to the Convention on the Law of the Sea
High seas in dark blue

According to Article 86 of the Convention on the Law of the Sea of 1982 (UNCLOS), the high seas or high seas include all parts of the seas that do not belong to an Exclusive Economic Zone (EEZ), the territorial sea , the inland waters of a state or the archipelago waters of an archipelago state . You are thus free from exercising state sovereignty .

Articles 86 to 120 of the 1982 Convention on the Law of the Sea form Part VII High Seas .

Article 87 reads:

Freedom of the high seas
(1) The high seas are open to all states, whether coastal or landlocked. The freedom of the high seas is exercised in accordance with the terms of this Convention and other rules of international law. It includes for coastal and landlocked states among other things
a) freedom of navigation,
b) the freedom to fly over,
c) the freedom, subject to Part VI, to lay submarine cables and pipelines,
d) the freedom, subject to Part VI, to build artificial islands and other facilities permitted under international law,
e) the freedom of fishing under the conditions of Section 2,
f) the freedom of scientific research subject to Parts VI and XIII.
2. These freedoms shall be exercised by each State with due regard to the interests of other States in the exercise of the freedom of the high seas and the rights provided by this Convention with regard to activities in the Area.

Article 94 regulates the sovereignty of states over ships on the high seas. The flag state principle applies. Paragraph 1 reads:

Each state effectively exercises its sovereignty and control in administrative, technical and social matters over the ships flying its flag.

By agreeing on the possibility of generating exclusive economic zones of up to 200 nautical miles , by defining archipelago waters and expanding territorial waters from three to twelve nautical miles, the Convention on the Law of the Sea has  strengthened the rights of the coastal states and significantly restricted the "freedom of the seas" .

See also

Individual evidence

  1. ↑ United Nations Convention on the Law of the Sea. 0.747.305.15 (translation). In: Systematic Collection of Federal Law . Federal Chancellery , December 10, 1982, accessed on March 2, 2020 .
  2. ^ Stefan Talmon: Law of the Sea. In: Helmut Vogler (Ed.): Lexicon of the United Nations . R. Oldenbourg, Munich / Vienna 2000, ISBN 3-486-24795-6 , p. 464.