High Seas

 

PART VII

HIGH SEAS

SECTION 1. GENERAL PROVISIONS

Article 86
Application of the provisions of this Part

The provisions of this Part apply to all parts of the sea that are not
included in the Exclusive Economic Zone , in the territorial sea or in the
internal waters of a State, or in the archipelagic waters of an
archipelagic State. This article does not entail any abridgement of the
freedoms enjoyed by all States in the Exclusive Economic Zone in accordance
with article 58.

Article 87
Freedom of the high seas

1. The high seas are open to all States, whether coastal or land-locked.
Freedom of the high seas is exercised under the conditions laid down by
this Convention and by other rules of international law. It comprises,
inter alia, both for coastal and land-locked States:

(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to Part VI;
(d) freedom to construct artificial islands and other installations
permitted under international law, subject to Part VI;
(e) freedom of fishing, subject to the conditions laid down in section 2;
(f) freedom of scientific research, subject to Parts VI and XIII.

2. These freedoms shall be exercised by all States with due regard for the
interests of other States in their exercise of the freedom of the high
seas, and also with due regard for the rights under this Convention with
respect to activities in the Area.

Article 88
Reservation of the high seas for peaceful purposes

The high seas shall be reserved for peaceful purposes.

Article 89
Invalidity of claims of sovereignty over the high seas

No State may validly purport to subject any part of the high seas to its
sovereignty.

Article 90
Right of navigation

Every State, whether coastal or land-locked, has the right to sail ships
flying its flag on the high seas.

Article 91
Nationality of ships

1. Every State shall fix the conditions for the grant of its nationality to
ships, for the registration of ships in its territory, and for the right to
ny its flag. Ships have the nationality of the State whose flag they are
entitled to fly. There must exist a genuine link between the State and the
ship.

2. Every State shall issue to ships to which it has granted the right to ny
its flag documents to that effect.

Article 92
Status of ships

1. 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. A ship may not change its flag during a voyage or while in a port of
call, save in the case of a real transfer of ownership or change of
registry.

2. A ship which sails under the flags of two or more States, using them
according to convenience, may not claim any of the nationalities in
question with respect to any other State, and may be assimilated to a ship
without nationality.

Article 93
Ships flying the flag of the United Nations, its specialized
agencies and the International Atomic Energy Agency

The preceding articles do not prejudice the question of ships employed on
the official service of the United Nations, its specialized agencies or the
International Atomic Energy Agency, flying the flag of the organization.

Article 94
Duties of the flag State

1. Every State shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag.

2. In particular every State shall:

(a) maintain a register of ships containing the names and particulars of
ships flying its flag, except those which are excluded from generally
accepted international regulations on account of their small size;
and
(b) assume jurisdiction under its internal law over each ship flying its
nag and its master, officers and crew in respect of administrative,
technical and social matters concerning the ship.

3. Every State shall take such measures for ships flying its flag as are
necessary to ensure safety at sea with regard, inter alia, to:

(a) the construction, equipment and seaworthiness of ships;
(b) the manning of ships, labour conditions and the training of crews,
taking into account the applicable international instruments;
(c) the use of signals, the maintenance of communications and the
prevention of collisions.

4. Such measures shall include those necessary to ensure:

(a) that each ship, before registration and thereafter at appropriate
intervals, is surveyed by a qualified surveyor of ships, and has on
board such charts, nautical publications and navigational equipment
and instruments as are appropriate for the safe navigation of the
ship;
(b) that each ship is in the charge of a master and officers who possess
appropriate qualifications, in particular in seamanship, navigation,
communications and marine engineering, and that the crew is
appropriate in qualification and numbers for the type, size,
machinery and equipment of the ship;
(c) that the master, officers and, to the extent appropriate, the crew
are fully conversant with and required to observe the applicable
international regulations concerning the safety of life at sea, the
prevention of collisions, the prevention, reduction and control of
marine pollution, and the maintenance of communications by radio.

5. In taking the measures called for in paragraphs 3 and 4 each State is
required to conform to generally accepted international regulations,
procedures and practices and to take any steps which may be necessary to
secure their observance.

6. A State which has clear grounds to believe that proper jurisdiction and
control with respect to a ship have not been exercised may report the facts
to the flag State. Upon receiving such a report, the flag State shall
investigate the matter and, if appropriate, take any action necessary to
remedy the situation.

7. Each State shall cause an inquiry to be held by or before a suitably
qualified person or persons into every marine casualty or incident of
navigation on the high seas involving a ship flying its flag and causing
loss of life or serious injury to nationals of another State or serious
damage to ships or installations of another State or to the marine
environment. The flag State and the other State shall co-operate in the
conduct of any inquiry held by that other State into any such marine
casualty or incident of navigation.

Article 95
Immunity of warships on the high seas

Warships on the high seas have complete immunity from the jurisdiction of
any State other than the flag State.

Article 96
Immunity of ships used only on
government non-commercial service

Ships owned or operated by a State and used only on government
non-commercial service shall, on the high seas, have complete immunity from
the jurisdiction of any State other than the flag State.

Article 97
Penal jurisdiction in matters of collision
or any other incident of navigation

1. In the event of a collision or any other incident of navigation
concerning a ship on the high seas, involving the penal or disciplinary
responsibility of the master or of any other person in the service of the
ship, no penal or disciplinary proceedings may be instituted against such
person except before the judicial or administrative authorities either of
the flag State or of the State of which such person is a national.

2. In disciplinary matters, the State which has issued a master’s
certificate or a certificate of competence or licence shall alone be
competent, after due legal process, to pronounce the withdrawal of such
certificates, even if the holder is not a national of the State which
issued them.

3. No arrest or detention of the ship, even as a measure of investigation,
shall be ordered by any authorities other than those of the flag State.

 

Author: international

Mentioned in these Entries

About Authority and Saction of International Law, Historical 2, Agreement Relating to the “INTELSAT” 11, Agreement Relating to the “INTELSAT” 7, Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, Agreement on the Rescue of Astronauts, the Return of Astronauts 2, Agreement on the Rescue of Astronauts, the Return of Astronauts, Archipelagic States, Bamako Convention on the Ban of the Import into Africa, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 2, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 3, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 4, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 5, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 6, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks 7, Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, Convention (VI) Relating to the Status of Enemy Merchant Ships at the Outbreak of Hostilities, Convention (XI) Relative to Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War, Convention Relating to Damage Caused by Foreign Aircraft to Third Parties on the Surface 5, Convention for the Establishment of an Inter-American Tuna Commission, Convention for the Prevention of Marine Pollution from Land-Based Sources, Convention for the Protection of the Marine Environment of the North East Atlantic, Convention on Biological Diversity Part 3, Convention on Fishing & Conservation of Living Resources 2, Convention on Fishing & Conservation of Living Resources 3, Convention on Fishing & Conservation of Living Resources, Convention on the Continental Shelf, Convention on the High Seas 2, Convention on the High Seas 3, Convention on the High Seas, Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, Convention on the Protection of the Marine Environment of the Baltic Sea Area 4, Convention on the Territorial Sea & the Contiguous Zone 2, Convention on the Territorial Sea & the Contiguous Zone 3, Convention on the Territorial Sea & the Contiguous Zone, Conventions: Chronological Index 1951-1970, Development International Law -9, Exclusive Economic Zone, Exploration and Use of Outer Space, Including the Moon, Flora and Fauna – Biodiversity conventions, Geneva Convention (II) 3, Geneva Convention (IV) 5, High Seas 2, High Seas 3, International Convention for the High Seas Fisheries of the Pacific Ocean, International Conventions from 1991, International Law Encyclopedia 4, International Security9, International human rights law Part 39, International law index F, International law index H, International law index, Jurisdictions in international law. Bibliograpy, Lex Mercatoria, List of International Law Selected Cases, by Subject, MPEPIL: International environmental law, MPEPIL: Law of the sea, MPEPIL: Public Law: F, MPEPIL: Public Law: H, MPEPIL: Statehood, jurisdiction of states, organs of states, Marine and Coastal conventions, Maritime conventions, North-East Atlantic Fisheries Convention 3, Optional Protocol … [to] the UN Conf. on the Law of the Sea, Piracy, Public International Law Classification (Max Planck Institute), Straits used for International Navigation, The Antarctic Treaty, Treaties, Treaty banning nuclear weapon tests in the atmosphere, United Nations Convention on the Law of the Sea 2, United Nations Convention on the Law of the Sea 23, United Nations Convention on the Law of the Sea 3, United Nations Convention on the Law of the Sea 32, United Nations Convention on the Law of the Sea 33, United Nations Convention on the Law of the Sea 4, United Nations Convention on the Law of the Sea 5.

Introduction to High Seas

High Seas, in international law, the open sea, including the whole extent of the sea not the exclusive property of any particular country. Traditionally, every country bordering on the sea has exclusive sovereignty over that sea for a marine league, that is, for a distance of three nautical miles (5.6 km) from its shores, and the sea beyond the territorial limits is open or common to all countries. Many countries, however, claim control over wider areas for certain purposes, such as protection of fisheries.

Within the territorial limits of three nautical miles, the courts of the countries contiguous to the sea have jurisdiction; beyond this limit, international law prevails.” (1)

Birth on the High Seas: International Incident

In the book “International Incidents for Discussion in Conversation Classes”, in relation to this subject, L. Oppenheim wrote in 1909: An Englishwoman gives birth to an illegitimate child on board a German liner while on the high seas on a voyage to New York. The child’s father is German. What is the nationality of the child?

High Sea(s)

Embracing mainstream international law, this section on high sea(s) explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

• The entry “high sea(s)” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

Notes and References

• Information about High Seas in the Encarta Online Encyclopedia

Guide to High Seas

Spanish Translation of high seas

This is the legal translation of English to Spanish in relation to high seas and / or a definition of this topic: Alta Mar (in Spanish, without translation of the dictionary entry).