Law of High Seas

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Dr. Raju KD
Assistant Professor
Rajiv Gandhi School of Intellectual Property Law
IIT Kharagpur
West Bengal
KDR/IIT KGP/RGSOIPL/-2008 1
High seas
R Art.1 - The term "high seas" means all parts of the sea
that are not included in the territorial sea or in the
internal waters of a State. Ȃ convention on High Seas
1958.
R Part VII Ȃ Art. 86 Ȃ 1982 Convention Ȃ Ǯapply to all
parts of the sea that are 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
R Common heritage of mankind
R Res extra commercium
R Grotius: stated two principles: -
R 1. the sea could not be the object of private or state
appropriations;
R 2. use of the high seas by one state would leave the
medium available for use by another.
p eedoms, A. 2
R 1. Freedom of navigation;
R 2. Freedom of fishing;
R 3. Freedom to lay submarine cables and pipelines;
R 4. Freedom to fly over high seas.
R Other freedoms recognised by international law.
R Confirmed in [ and

£aintenance of o de in the HS
R Ships have nationality of the state whose flag they are
entitled to fly.
R The primary duty is with the state whose flag is over
the ship.
R Jurisdiction is subject to national laws of the flag state.
R A.4 - Every State, whether coastal or not, has the right
to sail ships under its flag on the high seas.
R A.8 Warships on the high seas have complete
immunity from the jurisdiction of any State other than
the flag State.
ÿ ceptions
R Piracy:
R Dissenting opinion of the Judge Moore the w
Ȃ Ǯthe person charged with the offence may be tried
and punished by any nation into whose jurisdiction he
may come.ǯ
R It should be considered as an offence against the law of
nations.
R Any nation may in the interest of all capture and
punish.
wotus case
R Vessel on the high seas are subject to no authority
except that of the state whose flag they fly.
R No state may exercise any kind of jurisdiction over
foreign vessels upon them.
R 92.1 of 1982 convention Ȃ exclusive jurisdiction over the
flag state.
A ticle 15 of Convention on HS
R according to the United Nations Convention on the Law of
the Sea (UNCLOS) of 1982,
R consists of any criminal acts of violence,
R detention, or depredation committed for private ends by
the crew or the passengers of a private ship or aircraft
R that is directed on the high seas against another ship,
aircraft, or against persons or property on board a ship or
aircraft.
R Piracy can also be committed against a ship, aircraft,
persons, or property in a place outside the jurisdiction of
any state.
A.15
R Piracy consists of any of the following acts:
R (1) Any illegal acts of violence, detention or any act of depredation, committed
for private ends by the crew or the passengers of a private ship or a private
aircraft, and directed:
R (a) On the high seas, against another ship or aircraft, or against persons or
property on board such ship or aircraft;
R (b) Against a ship, aircraft, persons or property in a place outside the
jurisdiction of any State;
R (2) Any act of voluntary participation in the operation of a ship or of an aircraft
with knowledge of facts making it a pirate ship or aircraft;
R (3) Any act of inciting or of intentionally facilitating an act described in sub-
paragraph 1 or sub-paragraph 2 of this article.
Seizu e
R Seizure on account of piracy may only be carried out
by warships or military aircraft, or other governmental
ships.
R No general right of search of foreign ships can be
claimed on the high seas by any nation.
nte fe ence
R A warship which encounters a foreign merchant ship on the
high seas is not justified in boarding her unless there is
reasonable ground for suspecting:
R (a) That the ship is engaged in piracy; or
R (b) That the ship is engaged in the slave trade; or
R (c) That though flying a foreign flag or refusing to show its
flag, the ship is, in reality, of the same nationality as the
warship.
Additional g ounds
R Art. 109 of 1982 convention Ȃ
R 1. engaging in unauthorized broadcasting
R 2. ship is without nationality, A.110.
R A. 22.3. If the suspicions prove to be unfounded,
and provided that the ship boarded has not
committed any act justifying them, it shall be
compensated for any loss or damage that may have
been sustained.
Hot pu suit, A.23
R The hot pursuit of a foreign ship may be undertaken
when the competent authorities of the coastal State
have good reason to believe that the ship has violated
the laws and regulations of that State.
R Such pursuit must be commenced when the foreign
ship or one of its boats is within the internal waters or
the territorial sea or the contiguous zone of the
pursuing State, and may only be continued outside the
territorial sea or the contiguous zone if the pursuit has
not been interrupted.
A.24 & 25
R Every State shall draw up regulations to prevent
pollution of the seas by the discharge of oil from ships
or pipelines or resulting from the exploitation and
exploration of the seabed and its subsoil.
R Every State shall take measures to prevent pollution of
the seas from the dumping of radio-active waste.
A.26
R All States shall be entitled to lay submarine cables and
pipelines on the bed of the high seas.
R the State in question shall pay due regard to cables or
pipelines already in position on the seabed.
R In particular, possibilities of repairing existing cables
or pipelines shall not be prejudiced.
áollution
R Remedial action may be justified on the ground of
necessity.
R 1969 Ȃ Brussels International Convention Relating to
Intervention on the High Seas in Cases of Oil Pollution
Causalities.
ndian á ovisions
evelopments since independence
R Since independence in 1947, India had been content to proclaim the
traditional territorial sea of three miles.
R (a) On 30 August 1955, India claimed full and exclusive sovereign rights
over the seabed and subsoil of the continental shelf adjoining the coast
but beyond territorial waters. Neither the depth nor the distance from
the coastline was indicated.
R (b) On 22 March 1956, India claimed Territorial Waters of six miles
from appropriate baselines.
R (c) On 29 November 1956, India claimed a Conservation Zone for
fisheries up to a distance of 100 miles from the outer limit of territorial
waters.
R (d) On 3 December 1956, India claimed a Contiguous Zone.
evelopments
R On 12 September, 1967, India extended its territorial
waters to twelve miles.
R This was largely a reaction to Pakistan's extension of
her territorial waters from three to twelve miles, rather
than an act of maritime policy.
R In the early 1970, the Indian Government had initiated
a programme of scientific investigation and evaluation
of the manganese nodule resources in the Indian
Ocean.
D s
R By the early 1970's, India had discovered oil and gas in
Bombay High and promising fields were being forecast
in the Godavari, Krishna and Palk Bay basins, as also
gas in the Andaman Offshore.
R India is with a coastline of over 64000 kilometers.
R India has maritime boundaries with five opposite
states (Sri Lanka, the Maldives, Myanmar, Indonesia,
Thiland) and two adjacent States (Pakistan and
Bangladesh).
Constitution
R 40th amendment in 1976.
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R S. 3(1) The sovereignty of India extends and has always
extended to the territorial waters of India (hereinafter
referred to as the territorial waters) and to the seabed
and subsoil underlying, and the air space over, such
waters.
R The limit of the territorial waters is the line every
point of which is at a distance of twelve nautical miles
from the nearest point of the appropriate baseline.
nnocent passage
R S.4(1) Without prejudice to the provisions of any other
law for the time being in force, all foreign ships (other
than warships including submarines and other
underwater vehicles) shall enjoy the right of innocent
passage through the territorial waters.
R Definition of passage: explanation to 4.1:
R passage is innocent so long as it is not prejudicial to
the peace, good order or security of India.
?a ships
R 4. 2 - Foreign warships including submarines and
other underwater vehicles may enter or pass through
the territorial waters after giving prior notice to the
Central Government.
R Provided that submarines and other underwater
vehicles shall navigate on the surface and show their
flag while passing through such waters.
Contiguous zone
R

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nspection
R 5(4) The Central Government may exercise such
powers and take such measures in or in relation to the
contiguous zone as it may consider necessary with
respect to,-
R (a) the security of India, and
R (b) immigrations sanitation, customs and other fiscal
matters.
Continental shelf
R 6. (1) The continental shelf of India (hereinafter
referred to as the continental shelf) comprises the
seabed and subsoil of the submarine areas that extend
beyond the limit of its territorial waters throughout
the natural prolongation of its land territory to the
outer edge of the continental margin or to a distance of
two hundred nautical miles from the baseline
Sove eignty
R S.6 Union has in the continental shelf,-
R (a) Sovereign rights for the purposes of exploration, exploitation,
conservation and management of all resources;
R (b) exclusive rights and jurisdiction for the construction, maintenance
or operation of artificial islands, off-shore terminals, installations and
other structures and devices necessary for the exploration and
exploitation of the resources of the continental shelf or for the
convenience of shipping or for any other purpose;
R (c) exclusive jurisdiction to authorize, regulate and control scientific
research; and
R (d) exclusive jurisdiction to preserve and protect the marine
environment and to prevent and control marine pollution.
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Law of High Seas

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