International ownership treaties |
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Extraterritorialities |
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The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands. [1]
"International waters" is not a defined term in international law. 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 such, states have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research.
The Convention on the High Seas, signed in 1958, which has 63 signatories, defined "high seas" to mean "all parts of the sea that are not included in the territorial sea or in the internal waters of a State" and where "no State may validly purport to subject any part of them to its sovereignty." [3] The Convention on the High Seas was used as a foundation for the United Nations Convention on the Law of the Sea (UNCLOS), signed in 1982, which recognized exclusive economic zones extending 200 nautical miles (230 mi; 370 km) from the baseline, where coastal states have sovereign rights to the water column and sea floor as well as the natural resources found there. [4]
The high seas make up 50% of the surface area of the planet and cover over two-thirds of the ocean. [5]
Ships sailing the high seas are generally under the jurisdiction of the flag state (if there is one); [6] however, when a ship is involved in certain criminal acts, such as piracy, [7] any nation can exercise jurisdiction under the doctrine of universal jurisdiction. International waters can be contrasted with internal waters, territorial waters and exclusive economic zones.
UNCLOS also contains, in its part XII, special provisions for the protection of the marine environment, which, in certain cases, allow port States to exercise extraterritorial jurisdiction over foreign ships on the high seas if they violate international environmental rules (adopted by the IMO), such as the MARPOL Convention. [8]
Several international treaties have established freedom of navigation on semi-enclosed seas.
Other international treaties have opened up rivers, which are not traditionally international waterways.
Current unresolved disputes over whether particular waters are "International waters" include:
Outer space (including Earth orbits; the Moon and other celestial bodies, and their orbits) | |||||||
national airspace | territorial waters airspace | contiguous zone airspace[ citation needed ] | international airspace | ||||
land territory surface | internal waters surface | territorial waters surface | contiguous zone surface | Exclusive Economic Zone surface | international waters surface [note 1] | ||
internal waters | territorial waters | exclusive economic zone | international waters [note 1] | ||||
land territory underground | continental shelf surface | extended continental shelf surface | international seabed surface | ||||
continental shelf underground | extended continental shelf underground | international seabed underground | |||||
At least ten conventions are included within the Regional Seas Program of UNEP, [21] including:
Addressing regional freshwater issues is the 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE/Helsinki Water Convention) [25]
When an underground body of water transcends international boundaries, the term transboundary aquifer applies.
UNESCO has recognized the issue in several publications like Transboundary Aquifers, Challenges and the way forward. [30]
Another term referring to underground international waters is Transboundariness. It is a concept, a measure and an approach first introduced in 2017. [31] The relevance of this approach is that the physical features of the aquifers become just additional variables among the broad spectrum of considerations of the transboundary nature of an aquifer:
The discussion changes from the traditional question of "is the aquifer transboundary?" to "how transboundary is the aquifer?".
The socio-economic and political contexts effectively overwhelm the aquifer's physical features adding its corresponding geostrategic value (its transboundariness) [32]
The criteria proposed by this approach attempt to encapsulate and measure all potential variables that play a role in defining the transboundary nature of an aquifer and its multidimensional boundaries. [33]
The International Seabed Authority (ISA) is a Kingston, Jamaica-based intergovernmental body of 167 member states and the European Union 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 development of mineral related operations in the international seabed considered the "common heritage of all mankind" and also protect the ecosystem of the seabed, ocean floor and subsoil in "The Area" beyond national jurisdiction. The ISA is to safeguard the international deep sea, the waters below 200 meters or 656 feet, where photosynthesis is hampered by inadequate light. Governing approximately half of the total area of the world's oceans, the ISA is to exercise oversight of activities that might threaten biological diversity and harm the marine environment. The Authority operates as an autonomous international organization with its own Assembly, Council and Secretariat.
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 agreement that establishes a legal framework for all marine and maritime activities. As of May 2023, 168 countries and the European Union are parties.
An aquifer is an underground layer of water-bearing material, consisting of permeable or fractured rock, or of unconsolidated materials. Aquifers vary greatly in their characteristics. The study of water flow in aquifers and the characterization of aquifers is called hydrogeology. Related terms include aquitard, which is a bed of low permeability along an aquifer, and aquiclude, which is a solid, impermeable area underlying or overlying an aquifer, the pressure of which could lead to the formation of a confined aquifer. The classification of aquifers is as follows: Saturated versus unsaturated; aquifers versus aquitards; confined versus unconfined; isotropic versus anisotropic; porous, karst, or fractured; transboundary aquifer.
An artificial island is an island that has been constructed by humans rather than formed through natural processes. Other definitions may suggest that artificial islands are lands with the characteristics of human intervention in their format process, while others argue that artificial islands are created by expanding existing islets, constructing on existing reefs, or amalgamating several islets together. Although constructing artificial islands is not a modern phenomenon, there is no definite legal definition of it. Artificial islands may vary in size from small islets reclaimed solely to support a single pillar of a building or structure to those that support entire communities and cities. Archaeologists argue that such islands were created as far back as the Neolithic era. Early artificial islands included floating structures in still waters or wooden or megalithic structures erected in shallow waters.
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.
Water resources law is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, and is distinct from laws governing water quality.
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.
Marine protected areas (MPA) are protected areas of seas, oceans, estuaries or in the US, the Great Lakes. These marine areas can come in many forms ranging from wildlife refuges to research facilities. MPAs restrict human activity for a conservation purpose, typically to protect natural or cultural resources. Such marine resources are protected by local, state, territorial, native, regional, national, or international authorities and differ substantially among and between nations. This variation includes different limitations on development, fishing practices, fishing seasons and catch limits, moorings and bans on removing or disrupting marine life. In some situations, MPAs also provide revenue for countries, potentially equal to the income that they would have if they were to grant companies permissions to fish. The value of MPA to mobile species is unknown.
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.
The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, originally the Convention for Protection of the Mediterranean Sea against Pollution, and often simply referred to as the Barcelona Convention, is a regional convention adopted in 1976 to prevent and abate pollution from ships, aircraft and land based sources in the Mediterranean Sea. This includes but is not limited to dumping, run-off and discharges. Signers agreed to cooperate and assist in dealing with pollution emergencies, monitoring and scientific research. The convention was adopted on 16 February 1976 and amended on 10 June 1995.
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.
Arctic cooperation and politics are partially coordinated via the Arctic Council, composed of the eight Arctic nations: the United States, Canada, Iceland, Norway, Sweden, Finland, Russia, and Denmark with Greenland and the Faroe Islands. The dominant governmental power in Arctic policy resides within the executive offices, legislative bodies, and implementing agencies of the eight Arctic nations, and to a lesser extent other nations, such as United Kingdom, Germany, European Union and China. NGOs and academia play a large part in Arctic policy. Also important are intergovernmental bodies such as the United Nations and NATO.
Water resource policy, sometimes called water resource management or water management, encompasses the policy-making processes and legislation that affect the collection, preparation, use, disposal, and protection of water resources. The long-term viability of water supply systems poses a significant challenge as a result of water resource depletion, climate change, and population expansion.
Ocean governance is the conduct of the policy, actions and affairs regarding the world's oceans. Within governance, it incorporates the influence of non-state actors, i.e. stakeholders, NGOs and so forth, therefore the state is not the only acting power in policy making. However, ocean governance is complex because much of the ocean is a commons that is not ‘owned’ by any single person or nation/state. There is a belief more strongly in the US than other countries that the “invisible hand” is the best method to determine ocean governance factors. These include factors such as what resources we consume, what price we should pay for them, and how we should use them. The underlying reasoning behind this is the market has to have the desire in order to promote environmental protection, however this is rarely the case. This term is referred to as a market failure. Market failures and government failures are the leading causes of ocean governance complications. As a result, humankind has tended to overexploit marine resources, by treating them as shared resources while not taking equal and collective responsibilities in caring for them.
The Nairobi Convention is a partnership between governments, civil society and the private sector, working towards a prosperous Western Indian Ocean Region with healthy rivers, coasts and oceans. It pursues this vision by providing a mechanism for regional cooperation, coordination and collaborative actions; it enables the Contracting Parties to harness resources and expertise from a wide range of stakeholders and interest groups; and in this way it helps solve inter-linked problems of the region's coastal and marine environment.
The exclusive economic zone of Somalia covers 830,389 km2 in the Indian Ocean. It extends to a distance of 200 nautical miles from the baselines, from which the breadth of the nation's territorial waters is measured. In accordance with Law No. 37 passed in 1972, Somalia's EEZ falls under its territorial sovereignty.
High seas fisheries management refers to the governance and regulation of fishing activities in areas beyond national jurisdiction, often referred to as the 'high seas'. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1995 United Nations Fish Stock Agreement (UNFSA) provide the international legal framework for the regulation of fishing activities in areas beyond national jurisdiction. The United Nations Fish Stock Agreement delegates responsibility for conservation and management of fish stocks to regional fisheries management organizations (RFMOs) each governing a geographical area of the high seas.
A mar presencial or heritage marine reserve is a zone of influence demarcated by a maritime country in the high seas adjacent to its exclusive economic zone (EEZ). The objective of this oceanopolitical concept or doctrine, is to signal to third parties where the coastal country's interests are, or could be directly involved.
The United Nations High Seas Treaty, also known as the Biodiversity Beyond National Jurisdiction treaty or the BBNJ treaty, is a legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. It is an agreement under the United Nations Convention on the Law of the Sea (UNCLOS). The text was finalised during an intergovernmental conference at the UN on 4 March 2023 and adopted on 19 June 2023. Both states and regional economic integration organizations can become parties to the treaty.