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The Convention on the High Seas is an international treaty which codifies the rules of international law relating to the high seas, otherwise known as international waters. [1] The convention was one of four treaties created at the United Nations Convention on the Law of the Sea ( UNCLOS I ). [ 2 ]
It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country. [2] In other words, "international waters" is sometimes used as an informal synonym for the more formal term "high seas", which under the doctrine of mare liberum (Latin for "freedom of the seas"), do not belong to any state's jurisdiction. As ...
The convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. [1]
Mare Liberum (1609) by Hugo Grotius is one of the earliest works on law of the sea. Law of the sea (or ocean law) is a body of international law governing the rights and duties of states in maritime environments. [1] It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.
Mare clausum (legal Latin meaning "closed sea") is a term used in international law to mention a sea, ocean or other navigable body of water under the jurisdiction of a state that is closed or not accessible to other states. Mare clausum is an exception to mare liberum (Latin for "free sea"), meaning a sea that is open to navigation to ships of ...
According to international law, Article 92 of the convention which describes ships shall sail under the flag of one state only and, save in exceptional cases expressly provided for in international treaties or in this convention, shall be subject to its exclusive jurisdiction on the high seas; [5] however, when a ship is involved in certain criminal acts, such as piracy, [6] any nation can ...
The High Seas treaty aims to address the regulatory gaps, [18] by promoting coherence and coordination with and among existing institutions, frameworks, and bodies. [19] The areas beyond national jurisdiction comprise the 'high seas' (water column) and the ‘area’ (seabeds), making up about two-thirds of the ocean.
The 1958 Geneva Convention on the High Seas states that piracy occurs on the high seas. [10] Article 101(1)(a) of the UNCLOS definition also states that piracy occurs on the high seas. [6] Referring to Article 58(2) of UNCLOS shows that piracy can also occur in the exclusive economic zone. [10]