International ownership treaties |
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Extraterritorialities |
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Earth |
Space |
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]
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 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 October 2024, 169 sovereign states and the European Union are parties.
An artificial island or man-made 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 formation 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.
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.
An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine resources, including energy production from water and wind.
A marine protected area (MPA) is a protected area of the world's 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. MPAs can provide economic benefits by supporting the fishing industry through the revival of fish stocks, as well as job creation and other market benefits via ecotourism. 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 Arctic consists of land, internal waters, territorial seas, exclusive economic zones (EEZs) and international waters above the Arctic Circle. All land, internal waters, territorial seas and EEZs in the Arctic are under the jurisdiction of one of the eight Arctic coastal states: Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and the United States. International law regulates this area as with other portions of Earth.
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.
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 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'.1 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.
The Marine Policy of the Barack Obama administration comprises several significant environmental policy decisions for the oceans made during his two terms in office from 2009 to 2017. By executive action, US President Barack Obama increased fourfold the amount of protected marine space in waters under United States control, setting a major precedent for global ocean conservation. Using the U.S. president's authority under the Antiquities Act of 1906, he expanded to 200 nautical miles the seaward limits of Papahānaumokuākea Marine National Monument in Hawaiʻi and the Pacific Remote Islands Marine National Monument around the U.S. island possessions in the Central Pacific. In the Atlantic, Obama created the Northeast Canyons and Seamounts Marine National Monument, the first marine monument in the U.S. exclusive economic zone (EEZ) in the Atlantic.
Japan has the eighth-largest exclusive economic zone (EEZ) in the world. The total area of Japan is about 380 thousand km2. Japan's EEZ area is vast and the territorial waters and EEZ together is about 4.47 million km2.
The exclusive economic zone of the Philippines, per the mandate of the United Nations Convention on the Law of the Sea (UNCLOS), consists of four subzones. It covers 2,263,816 square kilometers (874,064 sq mi) of sea. The Philippines has 7,641 islands comprising the Philippine archipelago. The zone's coordinates are between 116° 40', and 126° 34' E longitude and 4° 40' and 21° 10' N latitude. It is bordered by the Philippine Sea to the east and north, the South China Sea to the west, and the Celebes Sea to the south.
The exclusive economic zone of Canada is the area of the sea in which Canada has special rights regarding the exploration and use of marine resources, as prescribed by the 1982 United Nations Convention on the Law of the Sea.
A presential sea, zone of maritime presence 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 agreement on biodiversity beyond national jurisdiction or BBNJ Agreement, also referred to by some stakeholders as the High Seas Treaty or Global Ocean Treaty, is a legally binding instrument for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. There is some controversy over the popularized name of the agreement. 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.