High Seas

Introduction

The high seas are all parts of the sea that are not included in the exclusive economic zone (EEZ), territorial sea, internal waters or archipelagic waters of a State.

The principal legal framework is Part VII of the United Nations Convention on the Law of the Sea (UNCLOS), Articles 86–120.

The high seas are governed by the fundamental principle of freedom of the high seas. No State may validly claim sovereignty over any part of the high seas.

At the same time, high-seas freedoms are not unlimited. They must be exercised in accordance with UNCLOS and other applicable rules of international law.

Core Formula

High Seas = Areas beyond national maritime zones + Freedom + No sovereignty

Meaning of High Seas

Under Article 86 UNCLOS, the provisions of Part VII apply to all parts of the sea that are not included in:

• the EEZ;
• territorial sea;
• internal waters of a State; or
• archipelagic waters of an archipelagic State.

Therefore, the high seas are essentially the maritime areas beyond areas of national jurisdiction, subject to the special legal regimes established by international law.

Legal Basis

The principal provisions are:

• Article 86 → Application of High Seas regime
• Article 87 → Freedom of the high seas
• Article 88 → Reservation for peaceful purposes
• Article 89 → No sovereignty over high seas
• Article 90 → Right of navigation
• Article 91 → Nationality of ships
• Article 92 → Status of ships
• Article 93 → Ships flying UN flag
• Article 94 → Duties of flag State
• Article 95 → Immunity of warships
• Article 96 → Immunity of government ships
• Article 97 → Penal jurisdiction concerning collisions
• Article 98 → Duty to render assistance
• Article 99 → Prohibition of transport of slaves
• Articles 100–107 → Piracy
• Article 108 → Illicit traffic in narcotic drugs
• Article 109 → Unauthorised broadcasting
• Article 110 → Right of visit
• Article 111 → Right of hot pursuit
• Article 112 → Right to lay submarine cables and pipelines
• Article 113 → Damage to submarine cables/pipelines
• Articles 114–115 → Related cable and pipeline obligations
• Article 116 → Fishing
• Article 117 → Conservation cooperation
• Article 118 → Cooperation in conservation and management
• Article 119 → Conservation of living resources
• Article 120 → Marine mammals

Article 86 – Where the High Seas Begin

The high-seas regime applies to maritime areas outside the maritime zones listed in Article 86.

A simple geographical picture is:

Coast

↓

Internal Waters

↓

Territorial Sea – 12 nm

↓

Contiguous Zone – up to 24 nm

↓

EEZ – up to 200 nm

↓

High Seas

The precise relationship can be more complex where maritime zones overlap or where continental-shelf rights extend beyond 200 nautical miles.

Important Point: High Seas and Continental Shelf

A State may have continental-shelf rights beyond 200 nautical miles, but that does not mean that the State acquires sovereignty over the water column above that shelf.

Therefore, waters above an extended continental shelf can be subject to the high-seas regime while the seabed and subsoil remain subject to the coastal State’s continental-shelf rights.

This is an important examination distinction.

Freedom of the High Seas

Article 87 UNCLOS

The high seas are open to all States, whether:

• coastal; or
• land-locked.

Freedom of the high seas includes, among others:

• freedom of navigation;
• freedom of overflight;
• freedom to lay submarine cables and pipelines;
• freedom to construct artificial islands and other installations permitted under international law;
• freedom of fishing;
• freedom of scientific research.

These freedoms must be exercised with due regard for the interests of other States in their exercise of high-seas freedoms.

Six Major Freedoms

A useful examination memory device is:

N-O-C-I-F-R

N → Navigation

O → Overflight

C → Cables and pipelines

I → Installations

F → Fishing

R → Research

These are expressly recognised in Article 87, subject to the conditions of international law.

Freedom of Navigation

Every State has the right to sail ships on the high seas.

This is one of the oldest and most important freedoms of the high seas.

A State cannot normally prevent another State’s ships from navigating the high seas merely because it disagrees with their presence.

Freedom of Overflight

Aircraft of all States enjoy freedom of overflight over the high seas.

This reflects the absence of coastal-State sovereignty over high-seas airspace.

Submarine Cables and Pipelines

States have the freedom to lay submarine cables and pipelines on the high seas.

This is essential for:

• international telecommunications;
• internet infrastructure;
• energy transportation;
• global connectivity.

The freedom is subject to relevant UNCLOS provisions and the rights of other States.

Freedom of Fishing

States have freedom of fishing on the high seas, but this freedom is not unlimited.

It is subject to:

• treaty obligations;
• conservation duties;
• regional fisheries agreements;
• UNCLOS;
• obligations concerning highly migratory and straddling stocks.

Modern international law therefore rejects the idea that high-seas fishing is completely unrestricted.

Freedom of Scientific Research

States enjoy the freedom of marine scientific research on the high seas.

Research activities must comply with applicable international law and must have due regard for other lawful uses of the high seas.

Artificial Islands and Installations

Article 87 recognises freedom to construct artificial islands and other installations permitted under international law.

However, artificial islands on the high seas cannot simply become new sovereign territories.

They do not acquire the legal status of natural islands.

Article 88 – Peaceful Purposes

Under Article 88, the high seas shall be reserved for peaceful purposes.

This provision must be read together with the broader UN Charter framework, particularly the prohibition on the threat or use of force under Article 2(4) of the UN Charter.

Article 89 – No Sovereignty

This is one of the most important provisions.

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

Therefore:

High Seas = No State Sovereignty

A State cannot convert a portion of the high seas into its national territory simply by making a declaration.

Freedom Does Not Mean Lawlessness

The high seas are not a legal vacuum.

States exercising high-seas freedoms remain subject to:

• UNCLOS;
• customary international law;
• applicable treaties;
• flag-State duties;
• environmental obligations;
• conservation rules;
• rules against piracy and other universally recognised offences.

Principle of Flag-State Jurisdiction

One of the central principles of the high-seas regime is flag-State jurisdiction.

A ship normally sails under the flag of one State and is subject to that State’s jurisdiction on the high seas.

Article 91

Ships have the nationality of the State whose flag they are entitled to fly.

There must be a genuine link between the State and the ship under Article 91(1).

Article 92 – Status of Ships

Ships generally sail under the flag of one State only.

A ship cannot normally change its flag during a voyage or while in a port of call merely for convenience, except in cases involving genuine transfer of ownership or change of registry.

A ship using multiple flags according to convenience may be treated as without nationality.

Flag of Convenience

The practice of registering vessels in States offering particular regulatory or commercial advantages is often described as the use of a flag of convenience.

The existence of such registration does not by itself eliminate the legal responsibilities of the flag State.

Article 94 – Duties of Flag State

The flag State must effectively exercise jurisdiction and control over ships flying its flag in:

• administrative matters;
• technical matters;
• social matters.

The State must take measures concerning:

• safety at sea;
• construction and seaworthiness;
• manning;
• working conditions;
• training;
• navigation;
• communications;
• prevention of collisions.

Flag-State Responsibility

The principle can be remembered as:

Flag → Jurisdiction + Control

The flag State is the primary State responsible for regulating its vessels on the high seas.

Warships

Under Article 95, warships on the high seas enjoy complete immunity from the jurisdiction of any State other than the flag State.

Government Ships

Under Article 96, ships owned or operated by a State and used only on government non-commercial service also enjoy immunity from the jurisdiction of other States.

Warship Definition

Under Article 29, a warship is a ship belonging to the armed forces of a State bearing:

• the external marks distinguishing such ships of its nationality;
• under the command of an officer duly commissioned by the government;
• whose name appears in the appropriate service list;
• and whose crew is under regular armed-forces discipline.

High Seas and Criminal Jurisdiction

Article 97 establishes an important rule concerning collision or any other incident of navigation involving a ship on the high seas.

Penal or disciplinary proceedings generally lie only before:

• the flag State; or
• the State of nationality of the person concerned.

No arrest or detention of the ship, even as an investigative measure, may be ordered by authorities other than those of the flag State or State of nationality in the circumstances covered by Article 97.

Duty to Render Assistance

Article 98

Every State must require the master of a ship flying its flag, insofar as the master can do so without serious danger to the ship, crew or passengers, to:

• render assistance to persons found at sea in danger of being lost;
• proceed with all possible speed to rescue persons in distress, where reasonably expected to do so;
• render assistance after a collision, including information necessary for the identification of the vessel.

This reflects the humanitarian principle of rescue at sea.

Prohibition of Slave Trade

Article 99

Every State must take effective measures to prevent and punish the transport of slaves in ships authorised to fly its flag.

Any slave taking refuge on board a ship, whatever its flag, is ipso facto free.

Piracy

Piracy is one of the most important exceptions to ordinary exclusive flag-State jurisdiction.

Articles 100–107 UNCLOS

States have a duty to cooperate in the repression of piracy.

Article 100 – Duty to Cooperate

All States must cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.

Definition of Piracy

Article 101

Piracy includes:

• illegal acts of violence, detention or depredation;
• committed for private ends;
• by the crew or passengers of a private ship or aircraft;
• directed on the high seas against another ship or aircraft, or persons/property aboard it;
• or against a ship, aircraft, persons or property in a place outside the jurisdiction of any State.

It also includes voluntary participation in operating a pirate ship or aircraft and certain acts of incitement or facilitation.

Essential Elements of Piracy

A useful examination formula is:

V-P-H

V → Violence / detention / depredation

P → Private ends

H → High seas or place outside State jurisdiction

Universal Jurisdiction over Piracy

Piracy is subject to a form of universal jurisdiction.

Any State may seize a pirate ship or aircraft, or a ship or aircraft taken by pirates and under their control.

This is provided by Article 105.

Seizure of Pirate Ships

Article 105

On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft.

The State may:

• seize the ship/aircraft;
• arrest persons;
• seize property aboard.

The courts of the State that carried out the seizure may decide the penalties and action concerning the property.

Warships and Piracy

The power to seize pirate ships belongs to:

• warships;
• military aircraft;
• other ships/aircraft clearly marked and identifiable as being on government service and authorised for that purpose.

Article 103 – Pirate Ship

A ship or aircraft is considered a pirate ship or aircraft if it is intended by persons in dominant control to commit piracy.

Article 104

A ship or aircraft can retain its nationality despite becoming a pirate ship, although loss or retention of nationality is determined by the law of the State that granted it.

Attempted Piracy

UNCLOS also covers certain acts of participation, facilitation and incitement connected with piracy.

Piracy vs Armed Robbery at Sea

This distinction is important.

Piracy

Occurs on:

High seas or places outside State jurisdiction

Armed Robbery at Sea

Generally occurs within:

Internal waters / territorial sea / port

and is therefore primarily subject to coastal-State jurisdiction.

Thus:

Not every attack at sea is legally “piracy” under Article 101.

Illicit Traffic in Narcotic Drugs

Article 108

All States must cooperate in the suppression of illicit traffic in narcotic drugs and psychotropic substances involving ships on the high seas contrary to international conventions.

A State that has reasonable grounds for believing that a ship flying its flag is engaged in such traffic may request cooperation from other States.

Unauthorised Broadcasting

Article 109

All States must cooperate in the suppression of unauthorised broadcasting from the high seas.

Unauthorised broadcasting includes transmission from the high seas intended for reception by the general public contrary to international rules, subject to the exceptions provided by UNCLOS.

Certain States may have jurisdiction over persons involved under Article 109.

Right of Visit

Article 110

A warship may exercise the right of visit when it has reasonable grounds for suspecting that a ship is engaged in certain prohibited activities.

These include:

• piracy;
• slave trade;
• unauthorised broadcasting;
• a ship without nationality;
• a foreign ship pretending to have the same nationality as the warship, despite having the warship’s nationality.

Right of Visit Procedure

The warship may:

• send a boat under command of an officer;
• verify the ship’s documents;
• conduct further examination where suspicion remains justified.

The interference must be limited to what is necessary to verify the suspected situation.

Right of Visit vs Right of Search

The right of visit is an exceptional power.

It cannot be used as a general power to stop and search every foreign ship on the high seas.

Hot Pursuit

Article 111

Hot pursuit allows a coastal State to pursue a foreign ship beyond its territorial waters when specified conditions are satisfied.

It is an important exception to the ordinary principle of flag-State jurisdiction.

Conditions for Hot Pursuit

The pursuit must generally:

• relate to a violation of the coastal State’s laws and regulations;
• begin while the foreign ship is within the relevant maritime zone;
• be continuous;
• follow a lawful signal to stop;
• be carried out by appropriate government vessels or aircraft.

Hot Pursuit and Maritime Zones

Hot pursuit can originate from:

• internal waters;
• archipelagic waters;
• territorial sea;
• contiguous zone;
• in certain circumstances, EEZ or continental shelf concerning applicable laws.

The precise scope depends on the law allegedly violated and the maritime zone involved.

When Hot Pursuit Ends

The right of hot pursuit ceases as soon as the ship pursued enters:

territorial sea of its own State

or

territorial sea of a third State.

Hot Pursuit Formula

Violation → Signal → Continuous Pursuit → Outside Zone

The pursuit must be properly initiated and continuously maintained.

Submarine Cables and Pipelines

Article 112

All States are entitled to lay submarine cables and pipelines on the bed of the high seas beyond the continental shelf.

The freedom is subject to the rights of other States.

Damage to Cables and Pipelines

Articles 113–115 establish obligations concerning:

• breaking or injuring submarine cables;
• damage to cables/pipelines;
• compensation and liability in specified circumstances.

High-Seas Fisheries

Article 116

All States have the right for their nationals to fish on the high seas, subject to:

• treaty obligations;
• rights and duties of coastal States;
• conservation provisions of UNCLOS.

Therefore, high-seas fishing is a freedom subject to regulation.

Conservation of Living Resources

Article 117

States have a duty to take, or cooperate with other States in taking, measures for their nationals to conserve living resources of the high seas.

Cooperation

Article 118

States must cooperate with each other in the conservation and management of living resources in areas of the high seas.

This is particularly important for:

• shared stocks;
• straddling stocks;
• migratory species;
• regional fisheries.

Article 119 – Conservation Factors

Conservation measures must be designed to maintain or restore populations of harvested species at levels capable of producing:

Maximum Sustainable Yield

This must be qualified by:

• relevant environmental factors;
• economic factors;
• fishing patterns;
• interdependence of stocks;
• generally recommended international minimum standards.

Highly Migratory Species

Highly migratory species require special international cooperation.

UNCLOS Article 64 and the 1995 UN Fish Stocks Agreement are important in this area.

Marine Mammals

Article 120

Article 120 applies the conservation provisions of Article 65 concerning marine mammals to the high seas.

States may adopt stricter measures for conservation of marine mammals.

Environmental Protection

Although Part VII focuses heavily on freedoms and jurisdiction, high-seas activities are also subject to the broader environmental obligations of UNCLOS.

Part XII UNCLOS

States have obligations to:

• protect and preserve the marine environment;
• prevent pollution;
• cooperate internationally;
• conduct activities with due regard to environmental protection.

Article 192

All States have the obligation to:

Protect and preserve the marine environment.

This obligation applies beyond territorial waters.

Article 194

States must take measures necessary to prevent, reduce and control pollution of the marine environment.

This is relevant to high-seas activities including:

• shipping;
• dumping;
• offshore activities;
• atmospheric pollution;
• other sources of marine pollution.

High Seas and Marine Scientific Research

Marine scientific research is a recognised freedom under Article 87.

However, research activities must comply with:

• UNCLOS;
• environmental obligations;
• applicable international rules;
• due regard for other lawful uses.

High Seas and Military Activities

The high seas are not subject to the sovereignty of any State.

States may conduct lawful military activities consistent with:

• UNCLOS;
• the UN Charter;
• other applicable international law.

The freedom of the high seas does not override the prohibition on the threat or use of force under the UN Charter.

High Seas and Nuclear Weapons

The high-seas regime does not itself establish a comprehensive prohibition on all military or nuclear activities.

Such conduct must be assessed under:

• UN Charter;
• international humanitarian law where applicable;
• disarmament and arms-control treaties;
• customary international law;
• UNCLOS.

High Seas and Due Regard

Article 87 emphasises that high-seas freedoms must be exercised with due regard for the interests of other States.

This prevents one State from exercising a freedom in a manner that unlawfully interferes with the lawful rights of others.

High Seas and Landlocked States

An important principle under Article 87 is that high-seas freedoms are available to:

Coastal States and Landlocked States

A landlocked State can therefore participate in high-seas activities despite having no coastline.

UNCLOS also provides landlocked States rights concerning access to and from the sea under Part X.

High Seas and Nationality

A ship’s nationality is essential because it determines the State that normally exercises jurisdiction over it.

Ship → Flag → Nationality → Flag-State Jurisdiction

This is the basic structure of high-seas jurisdiction.

Genuine Link

Article 91 refers to a genuine link between the State and the ship.

The precise international-law consequences of the “genuine link” requirement have been debated, but the central rule remains that the flag State must establish the nationality of ships and assume the responsibilities required by UNCLOS.

High Seas and Stateless Ships

A ship without nationality or improperly claiming nationality can lose the protection normally associated with ordinary flag-State jurisdiction.

This is particularly important for:

• right of visit;
• piracy;
• enforcement operations.

High Seas and Multiple Flags

Article 92 establishes the principle that ships should generally sail under one flag.

A ship using multiple flags according to convenience may be treated as a ship without nationality.

High Seas and International Organisations

International organisations and international agreements play a significant role in regulating activities on the high seas, particularly concerning:

• fisheries;
• marine environmental protection;
• shipping;
• conservation;
• scientific research.

Examples include:

• IMO;
• regional fisheries management organisations;
• international environmental regimes.

High Seas and UNCLOS Dispute Settlement

Disputes concerning high-seas rights may be addressed through the dispute-settlement system in Part XV UNCLOS, subject to the applicable jurisdictional rules.

Relevant mechanisms include:

• ITLOS;
• ICJ;
• Annex VII arbitration;
• Annex VIII special arbitration.

Important Case: S.S. Lotus

S.S. Lotus (France v Turkey)

The Lotus case is a foundational case concerning jurisdiction at sea.

The PCIJ examined whether Turkey could exercise criminal jurisdiction following a collision on the high seas.

The case is important for understanding:

• jurisdiction on the high seas;
• flag-State jurisdiction;
• limits of coastal-State jurisdiction;
• the relationship between territorial and extraterritorial jurisdiction.

However, modern UNCLOS has codified and developed many maritime jurisdiction rules beyond the legal position considered in 1927.

Important Case: M/V Saiga (No. 2)

The M/V Saiga (No. 2) case before ITLOS is important for:

• freedom of navigation;
• enforcement jurisdiction;
• flag-State rights;
• use of force during maritime enforcement;
• proportionality.

It demonstrates that coastal-State enforcement powers must remain within the jurisdiction granted by international law.

Important Case: Arctic Sunrise

Arctic Sunrise (Netherlands v Russia)

The arbitration concerned the boarding and detention of a vessel and persons in connection with offshore protest activity.

It is useful for studying:

• freedom of navigation;
• enforcement jurisdiction;
• flag-State rights;
• jurisdictional disputes under UNCLOS.

Important Case: South China Sea Arbitration

The South China Sea Arbitration (Philippines v China) involved important issues concerning:

• maritime entitlements;
• high-seas freedoms;
• fishing;
• environmental protection;
• historic rights;
• activities in disputed maritime areas.

It illustrates the interaction between the high-seas regime and the EEZ system.

Important Case: Fisheries Jurisdiction

The Fisheries Jurisdiction cases demonstrate the tension between:

• coastal-State conservation interests;
• traditional high-seas freedoms;
• evolving fisheries jurisdiction.

They are useful for understanding the historical development of the modern law of maritime resources.

High Seas and Universal Jurisdiction

Certain offences permit States to exercise jurisdiction beyond ordinary flag-State jurisdiction.

The clearest UNCLOS example is:

Piracy

Other international treaties may create additional jurisdictional regimes for particular offences.

Therefore, universal jurisdiction is an exception, not the general rule for all high-seas offences.

General Principle vs Exceptions

General Rule

Flag-State jurisdiction

Exceptions / Special Regimes

• piracy;
• slave trade;
• unauthorised broadcasting;
• stateless vessels;
• certain hot-pursuit situations;
• other treaty-based regimes.

High Seas Enforcement Flowchart

Foreign Vessel on High Seas

↓

Ordinary Rule

→ Flag-State jurisdiction

↓

Is an Article 110 exception present?

↓

Piracy / Slave Trade / Unauthorised Broadcasting / Statelessness / False Flag

↓

Special enforcement powers may apply

This demonstrates why high-seas jurisdiction is not completely exclusive in every circumstance.

High Seas vs EEZ

High Seas	EEZ
Beyond areas of national jurisdiction	Up to 200 nm
No State sovereignty	Coastal State has sovereign rights
Freedom of navigation	Freedom of navigation preserved
Freedom of fishing subject to conservation	Coastal State has resource rights
Flag-State jurisdiction generally	Coastal State has specified jurisdiction
Article 87	Articles 55–75
Universal jurisdiction for piracy	Coastal-State fisheries enforcement under Article 73

High Seas vs Territorial Sea

High Seas	Territorial Sea
No sovereignty	Coastal-State sovereignty
Navigation freedom	Innocent passage regime
Flag-State jurisdiction generally	Coastal-State territorial jurisdiction
No coastal-State resource sovereignty	Coastal State has sovereignty
Part VII	Part II
Beyond national maritime zones	Up to 12 nm

High Seas vs Continental Shelf

High Seas	Continental Shelf
Primarily water-column regime	Seabed/subsoil regime
No State sovereignty	Coastal-State sovereign resource rights
Article 87	Article 76
Navigation freedom	Does not generally affect navigation
Fishing freedom subject to conservation	Resource rights over seabed/subsoil
May exist above extended shelf	Can extend beyond 200 nm

High Seas vs Area

This distinction is extremely important.

High Seas

Concerned primarily with:

Water column

Area

Concerned with:

Seabed and subsoil beyond national jurisdiction

Under Article 136, the resources of the Area are the common heritage of mankind.

Therefore:

High Seas ≠ Area

They are governed by different legal regimes.

Common Examination Mistakes

Mistake 1: High Seas Begin at 12 Nautical Miles

Not necessarily.

The high-seas regime generally begins beyond areas of national maritime jurisdiction. The EEZ extends to 200 nm, so waters within an EEZ are not ordinarily “high seas” even though they are not subject to coastal-State sovereignty.

Mistake 2: High Seas Begin at 200 Nautical Miles in Every Case

This is broadly correct for the water column where a full EEZ exists, but the exact legal geography can be more complicated where States have not established full EEZs or where other maritime zones apply.

Mistake 3: High Seas Belong to No One, So Anything Is Permitted

Incorrect.

The high seas are governed by extensive international law.

Mistake 4: No State Can Exercise Jurisdiction on High Seas

Incorrect.

Flag-State jurisdiction applies, with specific exceptions and treaty-based regimes.

Mistake 5: Piracy and Armed Robbery at Sea Are the Same

Incorrect.

UNCLOS piracy generally requires the high-seas/outside-national-jurisdiction element.

Mistake 6: Freedom of Fishing Is Unlimited

Incorrect.

Conservation obligations and international fisheries agreements limit the freedom.

Mistake 7: High Seas Mean No Environmental Obligations

Incorrect.

Part XII UNCLOS imposes important duties concerning protection of the marine environment.

Mistake 8: High Seas and Area Are Identical

Incorrect.

High seas concern the maritime regime, particularly waters; the Area concerns seabed and subsoil beyond national jurisdiction.

Mistake 9: Warships Have Unlimited Enforcement Powers

Incorrect.

Warships enjoy immunities but their enforcement powers remain governed by UNCLOS and other international law.

High Seas – Complete Structure

High Seas

↓

Freedom

• Navigation
• Overflight
• Cables/pipelines
• Fishing
• Research
• Lawful installations

↓

General Jurisdiction

Flag State

↓

Exceptions

• Piracy
• Slave trade
• Unauthorised broadcasting
• Stateless vessels
• False nationality
• Hot pursuit
• Treaty-based regimes

↓

Conservation

• Fisheries
• Migratory species
• Marine mammals

↓

Environmental Protection

• UNCLOS Part XII
• Pollution prevention
• Marine ecosystem protection

Important UNCLOS Articles

General Regime

Article 86 → Scope

Article 87 → Freedoms

Article 88 → Peaceful purposes

Article 89 → No sovereignty

Ships

Article 90 → Navigation

Article 91 → Nationality

Article 92 → Flag

Article 94 → Flag-State duties

Article 95 → Warship immunity

Article 96 → Government ship immunity

Enforcement

Article 97 → Collision

Article 98 → Rescue

Article 99 → Slave trade

Articles 100–107 → Piracy

Article 108 → Narcotic drugs

Article 109 → Broadcasting

Article 110 → Right of visit

Article 111 → Hot pursuit

Resources and Infrastructure

Article 112 → Cables and pipelines

Article 116 → Fishing

Article 117 → Conservation

Article 118 → Cooperation

Article 119 → Conservation of living resources

Article 120 → Marine mammals

High Seas Memory Trick

F-N-O-C-F-R

F → Freedom

N → Navigation

O → Overflight

C → Cables

F → Fishing

R → Research

And remember:

“No Sovereignty, Flag-State Jurisdiction”

High Seas Exception Memory

P-S-B-S-F-H

P → Piracy

S → Slave trade

B → Broadcasting

S → Stateless ships

F → False flag

H → Hot pursuit

These help remember the major exceptions to ordinary flag-State jurisdiction.

Quick Revision

• High seas → Part VII UNCLOS.
• Main provisions → Articles 86–120.
• Article 86 → scope of high-seas regime.
• High seas are areas not included in:
  • EEZ;
  • territorial sea;
  • internal waters;
  • archipelagic waters.
• Article 87 → freedom of the high seas.
• Six major freedoms:
  • navigation;
  • overflight;
  • cables/pipelines;
  • installations;
  • fishing;
  • scientific research.
• High seas are open to:
  • coastal States;
  • landlocked States.
• Article 89 → no State sovereignty over high seas.
• High-seas freedoms must be exercised with due regard for other States.
• Article 90 → navigation.
• Article 91 → nationality of ships.
• Article 92 → ships normally sail under one flag.
• Article 94 → duties of flag State.
• Article 95 → warship immunity.
• Article 96 → government non-commercial ship immunity.
• Article 98 → duty to render assistance.
• Article 99 → prohibition of slave trade.
• Articles 100–107 → piracy.
• Piracy is subject to universal jurisdiction.
• Article 110 → right of visit in specified circumstances.
• Article 111 → hot pursuit.
• Article 116 → fishing rights subject to obligations.
• Articles 117–119 → conservation and cooperation.
• High-seas fishing is not unlimited.
• High seas remain subject to marine environmental obligations.
• Article 192 → protect and preserve marine environment.
• High seas can exist above an extended continental shelf because shelf rights concern seabed/subsoil.
• High Seas ≠ Area.
• High seas primarily concern the maritime/water regime; Area concerns seabed/subsoil beyond national jurisdiction.
• General rule → flag-State jurisdiction.
• Important exceptions → piracy, slave trade, unauthorised broadcasting, stateless vessels, false nationality and hot pursuit.
• Important cases:
  • S.S. Lotus;
  • M/V Saiga (No. 2);
  • Arctic Sunrise;
  • South China Sea Arbitration;
  • Fisheries Jurisdiction.

One-Line Memory Trick

High Seas

“Freedom without Sovereignty”

Freedom → Navigation, Overflight, Cables, Fishing, Research

No Sovereignty → Article 89

Flag → General Jurisdiction

Piracy → Universal Jurisdiction

Final Maritime-Zone Formula

12 – 24 – 200 – High Seas

12 nm

→ Territorial Sea

→ Sovereignty

24 nm

→ Contiguous Zone

→ CFIS Control

200 nm

→ EEZ

→ Sovereign Economic Rights

Beyond National Maritime Zones

→ High Seas

→ Freedom + No Sovereignty

And beneath the water:

Extended Continental Shelf

→ Coastal-State seabed/subsoil rights may continue beyond 200 nm

Conclusion

The high seas represent one of the foundational concepts of the international law of the sea. Under Part VII of UNCLOS, they are governed by the principle that no State may subject any part of the high seas to its sovereignty.

The central principle is therefore freedom of the high seas, particularly the freedoms of navigation, overflight, laying submarine cables and pipelines, fishing, scientific research and other lawful uses recognised by Article 87.

However, freedom does not mean the absence of law. High-seas activities remain subject to UNCLOS, customary international law and applicable treaties. The ordinary jurisdictional principle is flag-State jurisdiction, supported by Articles 91, 92 and 94. At the same time, international law recognises carefully defined exceptions, particularly concerning piracy, slave trade, unauthorised broadcasting, stateless vessels, false nationality and hot pursuit.

The high-seas regime also increasingly incorporates obligations concerning conservation and protection of the marine environment. Freedom of fishing, for example, is subject to international conservation duties and cooperation.

A particularly important examination point is that the high seas must not be confused with the Area. The high seas principally concern the maritime regime, especially the water column, while the Area concerns the seabed and subsoil beyond national jurisdiction and is governed by the common-heritage regime.

The entire topic can be remembered through:

“Freedom without Sovereignty”

and:

“Flag-State Jurisdiction + Limited International Exceptions”

The most important provisions are Articles 87, 89, 91, 94, 100–107, 110, 111 and 116–119 UNCLOS.