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Max Planck Encyclopedia of Public International Law [MPEPIL]

Navigation, Freedom of

Albert J Hoffmann

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 July 2021

Subject(s):
Innocent passage — Exclusive economic zone — Territorial sea — UNCLOS (UN Convention on the Law of the Sea)

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 International law has been involved in the regulation of navigation and fishing since the earliest times. It was the voyages of discovery of the 15th and 16th centuries that led to claims of ownership by States such as Spain and Portugal over the newly discovered areas, including exclusive rights to the high seas, resulting in these States claiming control over vast areas of ocean space. Such excessive claims gave rise to disputes with other trading nations who demanded access to the seas and the freedom of trade with other nations by maintaining that the seas...
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