9 The High Seas
David Joseph Attard, Patricia Mallia
Edited By: David J Attard, Malgosia Fitzmaurice, Norman A Martínez Gutiérrez
- High seas — Territorial sea — Exclusive economic zone — Internal waters — Flag state — Nationality of ships — Hot pursuit — Burden of proof — Judgments — UNCLOS (UN Convention on the Law of the Sea) — Treaties, interpretation — Human trafficking
The high seas are characterized by the principles of free use for all States, and the concomitant principle of flag State exclusivity. The freedoms of the high seas date back to the origins of the law of the sea and are based on the Grotian doctrine of mare liberum, where the seas beyond the recognized belt of sovereignty constituting the territorial sea were known as the high seas wherein the freedoms of the high seas were enjoyed by all States.1 The first codification of the high seas freedoms is found in the Convention on the High Seas 1958 (HSC)2 which states...