Signed | 29 April 1958 |
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Location | Geneva, Switzerland |
Effective | 30 September 1962 |
Parties | 63 states (at 2013) |
Languages | Chinese, English, French, Russian and Spanish |
Full text | |
Convention on the High Seas at Wikisource | |
http://legal.un.org/ilc/texts/instruments/english/conventions/8_1_1958_high_seas.pdf |
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] The four treaties were signed on 29 April 1958 and entered into force on 30 September 1962, although in keeping with legal tradition, later accession was permitted. [3]
As of 2013, the treaty had been ratified by 63 states, including most NATO-bloc and Soviet-bloc nations but with the notable exceptions of most of the OPEC and Arab league nations like Syria, Egypt, Jordan, Saudi Arabia, and Iran, as well as China, North Korea, and South Korea. [4]
The convention on the High Seas was superseded by the 1982 UNCLOS III, which introduced several new concepts to the law of maritime boundaries including Exclusive Economic Zones.
The treaty is divided into 37 articles:
The International Seabed Authority (ISA) is a Kingston, Jamaica-based intergovernmental body of 167 member states and the European Union. It was established under the 1982 UN Convention on the Law of the Sea (UNCLOS) and its 1994 Agreement on Implementation. The ISA's dual mission is to authorize and control the development of mineral related operations in the international seabed, which is considered the "common heritage of all mankind", and to protect the ecosystem of the seabed, ocean floor and subsoil in "The Area" beyond national jurisdiction. The ISA is responsible for safeguarding the international deep sea, defined as waters below 200 meters, where photosynthesis is hampered by inadequate light. Governing approximately half of the total area of the world's oceans, the ISA oversees activities that might threaten biological diversity and harm the marine environment.
The (Montreux) Convention regarding the Regime of the Straits, often known simply as the Montreux Convention, is an international agreement governing the Bosporus and Dardanelles straits in Turkey. Signed on 20 July 1936 at the Montreux Palace in Switzerland, it went into effect on 9 November 1936, addressing the long running Straits Question over who should control the strategically vital link between the Black and Mediterranean seas.
The Strait of Hormuz is a strait between the Persian Gulf and the Gulf of Oman. It provides the only sea passage from the Persian Gulf to the open ocean and is one of the world's most strategically important choke points. On the north coast lies Iran, and on the south coast lies the Musandam peninsula, shared by the United Arab Emirates and the Musandam Governorate, an exclave of Oman. The strait is about 90 nautical miles (167 km) long, with a width varying from about 52 nmi (96 km) to 21 nmi (39 km).
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. As of July 2024, 169 States and the European Union are parties.
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states.
The terms international waters or transboundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands.
Freedom of the seas is a principle in the law of the sea. It stresses freedom to navigate the oceans. It also disapproves of war fought in water. The freedom is to be breached only in a necessary international agreement.
Territorial waters are informally an area of water where a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potentially the extended continental shelf. In a narrower sense, the term is often used as a synonym for the territorial sea.
Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction. The connotation of ocean law is somewhat broader, but the law of the sea is so comprehensive that it covers all areas of ocean law as well.
The Convention on the Territorial Sea and Contiguous Zone of 1958 is an international treaty which entered into force on 10 September 1964, one of four agreed upon at the first United Nations Conference on the Law of the Sea. 52 states are parties to the convention, whether through ratification, succession, or accession.
Freedom of navigation (FON) is a principle of law of the sea that ships flying the flag of any sovereign state shall not suffer interference from other states when in international waters, apart from the exceptions provided for in international law. In the realm of international law, it has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers". This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea.
The Convention on the Protection of the Underwater Cultural Heritage is a treaty that was adopted on 2 November 2001 by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO). The convention is intended to protect "all traces of human existence having a cultural, historical or archaeological character" which have been under water for over 100 years. This extends to the protection of shipwrecks, sunken cities, prehistoric art work, treasures that may be looted, sacrificial and burial sites, and old ports that cover the oceans' floors. The preservation of underwater cultural heritage is significant as it allows for the retelling of numerous historical events. As part of its duty to conduct scientific research and provide continuous education on the importance of underwater cultural heritage, UNESCO strives to maintain these sites for the enjoyment of current and future generations. The convention may provide a customary framework to help raise awareness and seek to combat the illegal looting and pirating occurring in waters worldwide. As an international body, member states of the convention agree to work towards the preservation of sunken cultural property within their jurisdiction and the high seas.
Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security within territorial waters and on the high seas.
Subi Reef, also known as Đá Xu Bi ; Zamora Reef ; Zhubi Reef, is an atoll in the Spratly Islands of the South China Sea located 26 km (16 mi) southwest of Thitu Island. It is occupied by China, and claimed by the Philippines, Taiwan and Vietnam.
The Convention on the Continental Shelf was an international treaty created to codify the rules of international law relating to continental shelves. The treaty, after entering into force 10 June 1964, established the rights of a sovereign state over the continental shelf surrounding it, if there be any. The treaty was one of three agreed upon at the first United Nations Convention on the Law of the Sea. It has since been superseded by a new agreement reached in 1982 at UNCLOS III.
The United States was among the nations that participated in the third United Nations Conference on the Law of the Sea, which took place from 1974 through 1982 and resulted in the international treaty known as the United Nations Convention on the Law of the Sea (UNCLOS). The United States also participated in the subsequent negotiations of modifications to the treaty from 1990 to 1994. The UNCLOS came into force in 1994. Although the United States now recognizes the UNCLOS as a codification of customary international law, it has not ratified it.
Transit passage is a concept of the law of the sea, which allows a vessel or aircraft the freedom of navigation or overflight solely for the purpose of continuous and expeditious transit of a strait between one part of the high seas or exclusive economic zone and another. The requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a state bordering the strait, subject to the conditions of entry to that state. The transit passage may be exercised regardless of the nationality (flag) of the ship, its form of ownership, the merchant or government status of a ship or warship, the private or government status of an aircraft.
The South China Sea Arbitration was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII of the United Nations Convention on the Law of the Sea concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947. A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.
International piracy law is international law that is meant to protect against piracy. Throughout history and legal precedents, pirates have been defined as hostis humani generis, Latin for "the enemy of all mankind". The United Nations has codified much of the law in the United Nations Convention on the Law of the Sea (UNCLOS), which defines different types of piracy and ways to combat it.