第三章_公海与国际海底区域.pptVIP

CHAPTER THREE High Seas and International Seabed Area 公海与国际海底区域 High Seas and International Seabed Area Section A: High Seas High Seas I.Definition： 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 high-seas 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 High Seas II. The legal status of the high seas The high seas are open to all States, whether coastal or land-locked. and no State may validly purport to subject any part of them to its sovereignty. This rule of customary law is a corner-stone 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 comprises, inter alia, both for coastal and land-locked 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; fr