第三章-公海與國際海底區(qū)域(已修改)
2025-08-17 20:09 本頁面
【正文】 CHAPTER THREE High Seas and International Seabed Area 公海與國際海底區(qū)域 High Seas and International Seabed Area High Seas A International Seabed B Section A: High Seas Definition I The Legal Status II Freedom of the high seas III Jurisdiction IV High Seas ? ： ? Traditionally, the high seas were defined as “all parts of the sea not included in the territorial sea or in the internal waters of a state?. ? With the advent of the EEZ and of the concept of archipelagic waters, this definition has now to be modified. Article 86 of the Law of the Sea Convention states that the highseas rules in the Convention apply to: all parts of the sea that is not included in the exclusive economic zone, in the territorial sea or in the internal waters of a state, or in the archipelagic waters of an archipelagic State. High Seas International Waters High Seas ? II. The legal status of the high seas ? The high seas are open to all States, whether coastal or landlocked. and no State may validly purport to subject any part of them to its sovereignty. This rule of customary law is a cornerstone of international law. Freedom of the high seas is exercised under the conditions laid down by this Convention and by other rules of international law. It prises, inter alia, both for coastal and landlocked States High Seas ? From the rule that no State can subject areas of the high seas to their sovereignty, or indeed to their jurisdiction, it follows that no State has the right to prevent ships of other States from using the high seas for any ?lawful purpose?. A second corollary of the status of the high seas is that apart from a few special cases, mostly created by treaty, no State has jurisdiction over foreign ships on the high seas. High Seas ? III. Freedom of the high seas ? Precisely because States cannot in principle control foreign shipping on the high seas, so that users of the seas remain at liberty to do as the please apart from a few restrictive rules, and because new ocean technology is constantly developing, the freedoms of the high seas cannot be exhaustively listed. ? freedoms 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. High Seas ? These freedoms shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas, and also with due regard for the rights under this Convention with respect to activities in the Area. High seas ? IV. Jurisdiction ? 1. In general, the flag State, that is, the State which has granted to a ship the right to sail under its flag, has the exclusive right to exercise legislative and enforcement jurisdiction over its ships on the high seas. Thus pliance with international duties concerning safety at sea and the rendering of assistance to ships in distress is sought by imposing on flag States the duty to adopt and enforce legislation dealing with such matters. Again, States
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