High Sea

High Seas are the seawater beyond the limit of the national jurisdictions and
excluded from the state sovereignty. It is not included in the territorial sea,
contiguous zone, exclusive economic zone, and archipelagic water. The high sea is
open to all states, whether coastal or land locked states and is an area reserved for
peaceful purpose. All states have freedom to conduct all types of activities with
due regard for the interests of the other states. Moreover, all states have duty to
conserve and manage the living resources in the zone, and to combat and prevent
the international transnational crimes at sea. In accordance with article 87 of the
1982 United Nations Convention, the freedom of the high seas consists of:
(1) freedom of navigation;
(2) freedom of overflight;
(3) freedom to lay submarine cables and pipelines;
(4) freedom to construct artificial islands and other installations permitted under
international law;
(5) freedom of fishing; and
(6) freedom of scientific research.
The freedom of navigation is the most important for all merchant and naval
vessels. They have the rights to sail ships flying their flag in the high sea and
participate in navigation by granting its nationality to vessels which are registered
in their territory and which fly their flag. Warships in accordance with this
Convention have on the high seas completely immunity from jurisdiction of any
state other than the flag state. At the meantime, the Convention requires the flag
state to exercise its jurisdiction and control in administrative, technical and social
matters over ships flying its flag (article 94). In doing so, every state shall take
some measures, which conform with generally accepted international regulations
and practice, to ensure the international order or safety at sea, such as maintain the
registration of ship; construction, equipment and seaworthiness of ships; manning
of ships, labor conditions and the training of crews; the use of signals, the
maintenance of communications and the prevention of collisions.
Furthermore, the Convention calls for the cooperation of all states for the purpose
of conservation and management the living resources. The states have to take some
measures to manage the resources such as, the establishment of sub regional or
regional fisheries organizations, provide information on the fishing statistic, the
effect of harvested species. In addition, the states have duty to cooperate in
combating against piracy, trafficking in illegal narcotic drugs or psychotropic
substances, and also against the unauthorized broadcasting from the high sea
(article 99, 100, 108 and 109).

 Flink, M., 2018. Maritime Interception And The Law Of Naval Operations. 1st ed. : Heidelberger Platz 3,
14197 Berlin, Germany: Springer-Verlag GmbH, p.61.

Text of CONVENTION ON THE HIGH SEAS (U.N.T.S. No. 6465, vol. 450, pp. 82–103)