ADA LEGAL FRAMEWORK FORTHE HIGH SEAS-2-4 - Ivanna Castro

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LEGAL FRAMEWORK
FOR THE
1. What are the high seas?
Part of the ocean that is not subject 
to the sovereignty of any state
What is the 
importance of
the High Seas?
Plays a significant role in 
global trade and 
transportation, as well as in 
the conservation of marine 
resources
Freedom of the high seas
Vessels from any state can navigate the High Seas without 
interference
Includes freedom of navigation, overflight, laying submarine 
cables and pipelines, constructing artificial islands and other 
installations permitted under international law, fishing, and 
freedom of scientific research
Res Communis
This principle ensures that marine 
resources, such as fish stocks, oil, gas 
reserves and minerals, are available 
for the benefit of all
Duty to cooperate
Means that coastal states have a 
responsibility to work together with the 
international community to manage the 
High Seas and ensure their sustainable use
HIGH SEAS
Is a term used in the United Nations 
Convention on the 
Law of the Sea (UNCLOS) and 
encompasses approximately two- 
thirds of the world's oceans
It is considered a shared heritage of humanity. 
This means that all states have a stake in its use, 
management, and preservation. 
2. Characteristics
Recognizes the interconnected nature of the world's oceans 
and the need for cooperation to address global challenges 
such as overfishing, marine pollution, and climate change
United Nations Convention on the Law 
of the Sea is the most comprehensive 
treaty on the use and governance of 
the seas.
It establishes rules for the management 
and use of the High Seas
Provides a framework for cooperation 
and coordination among countries, and 
it is an essential tool for resolving 
disputes related to maritime 
boundaries and the exploitation of 
marine resources
Specialized agency of the 
United Nations responsible for 
the regulation of international 
shipping
The freedom of 
navigation on the high 
seas allows ships to 
travel freely between 
ports around the world
The freedom to conduct marine scientific 
research on the high seas has led to 
important discoveries about the ocean
LEGAL FRAMEWORK
FOR THE HIGH SEAS
3. Governance
UNCLOS
International 
Maritime 
Organization (IMO)
It has played a vital role in the protection of the High Seas 
by developing and implementing regulations to prevent 
pollution from ships and other vessels, and to ensure the 
safe and efficient movement of goods across the oceans 
4. Activities on the High Seas 
Shipping
Is an important activity for many 
coastal states and international 
fishing fleets. However, 
overfishing and illegal fishing have 
become major issues in recent 
years
Fishing
Marine scientific research
However, scientific research can also have 
negative impacts on the marine 
environment, such as disturbing sensitive 
ecosystems.
Lay submarine cables and pipelines
It has allowed for the development of global 
telecommunications and energy infrastructure, 
enabling communication and trade around the world
However, laying cables and pipelines can also have 
negative impacts, such as damaging sensitive 
ecosystems and interfering with the migration 
patterns of marine species
International Conventions
Based on the idea that the 
flag state has the greatest 
interest in regulating the 
activities of the ship, as it 
is responsible for ensuring 
the safety of the ship, its 
crew, and the marine 
environment.
Can lead to ships flying flags of convenience, 
where they register in a state with less rigorous 
regulations to avoid compliance costs or legal 
liability
Some states may not have the resources to carry 
out inspections and enforcement, which can lead 
to non-compliance with international standards
LEGAL FRAMEWORK
FOR THE HIGH SEAS
5. Regulation
One of the most important is the United 
Nations Convention on the Law of the Sea 
(UNCLOS), which provides the legal framework 
for the governance of the world's oceans, 
establishes the rights and responsibilities of 
states in the management and use of the high 
seas, and to cooperate in their conservation 
and management
The International Convention for the 
Prevention of Pollution from Ships (MARPOL) 
aims to prevent pollution from ships by 
setting standards for the discharge of oil, 
chemicals, sewage, and other pollutants into 
the sea.
 Flag State Jurisdiction
Is the principle that a ship is subject to the laws and regulations 
of the state whose flag it is flying, regardless of where the ship 
is located in the world.
The state has authority over the ship and is responsible for 
ensuring that it complies with international regulations and 
standards
The flag state is also responsible for carrying out inspections and 
enforcing regulations on its own ships, as well as providing 
documentation and certification for them.
It can sometimes lead to issues, 
as some states may have less 
stringent regulations or 
enforcement mechanisms than 
others:
One of the main reasons for allowing ships to fly their flag is the 
financial benefit, allowing ships to fly their flag can create 
employment opportunities, as well as encourage foreign investment 
IMO has the authority to take action against a flag state if it fails to 
fulfill its obligations under international maritime law.