- Title Pages
- Foreword
- Acknowledgements
- Notes on Contributors
- List of Abbreviations
- Table of Cases
- Table of Treaties and Other International Instruments
- Table of Domestic and Regional Instruments
- 1 The Law of the Sea: Progress and Prospects
- 2 Reflections on the 1982 Convention on the Law of the Sea
- 3 Further Development of the 1982 Convention on the Law of the Sea: Mechanisms for Change
- 4 The Role of the United Nations in International Oceans Governance
- 5 Administering the Mineral Resources of the Deep Seabed
- 6 Towards an International Law for the Conservation of Offshore Hydrocarbon Resources within the Continental Shelf?
- 7 The Protection of Underwater Cultural Heritage: Article 303 and the UNESCO Convention
- 8 Maritime Boundary Delimitation: Where Do We Go From Here?
- 9 Submissions to the Commission on the Limits of the Continental Shelf in Cases of Unresolved Land and Maritime Disputes: The Significance of Article 76(10) of the Convention on the Law of the Sea
- 10 From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment
- 11 Port State Jurisdiction: Towards Mandatory and Comprehensive Use
- 12 The Protection of Biodiversity and Fisheries Management: Issues Raised by the Relationship between CITES and LOSC
- 13 The Convention on the Law of the Sea: An Effective Framework for Domestic Fisheries Conservation?
- 14 Marine Mammals: Exploiting the Ambiguities of Article 65 of the Convention on the Law of the Sea and Related Provisions: Practice under the International Convention for the Regulation of Whaling
- 15 High Seas Fisheries Management under the Convention on the Law of the Sea
- 16 The Role of the World Bank and the Global Environment Facility in the Implementation of the Regime of the Convention on the Law of the Sea
- 17 Freedoms of the High Seas in the Modern Law of the Sea
- 18 Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction
- 19 Security and the Law of the Sea in East Asia: Navigational Regimes and Exclusive Economic Zones
- 20 Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade
- 21 A System for Law of the Sea Dispute Settlement
- 22 The World Court and Peaceful Settlement of Oceans Disputes
- Index
Freedoms of the High Seas in the Modern Law of the Sea
Freedoms of the High Seas in the Modern Law of the Sea
- Chapter:
- (p.327) 17 Freedoms of the High Seas in the Modern Law of the Sea
- Source:
- The Law of the Sea
- Author(s):
David Anderson
- Publisher:
- Oxford University Press
This chapter reviews some of the more noteworthy developments in the modern law of the sea, making particular reference to navigational issues. The United Nations Convention on the Law of the Sea (LOSC) contains many important provisions directly concerning or indirectly affecting the high seas. The main provisions are to be found in Parts VII and XI of the LOSC, the latter articulating the concept of the Common Heritage of Mankind. Important provisions are to be found in other parts such as Part XII, concerning the protection and preservation of the marine environment, and Part XIII, concerning marine scientific research. Article 87 of the United Nations Convention on the High Seas contained a non-exhaustive list of four freedoms of the high seas: navigation, fishing, laying of cables and pipelines, and overflight. This chapter also tackles nationality of ships and flag state duties, trafficking of narcotic drugs, unauthorised broadcasting from the high seas, police right to visit and search, and right of hot pursuit.
Keywords: high seas, United Nations Convention, navigation, high seas, overflight, fishing, cables, pipelines, drug trafficking
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- Title Pages
- Foreword
- Acknowledgements
- Notes on Contributors
- List of Abbreviations
- Table of Cases
- Table of Treaties and Other International Instruments
- Table of Domestic and Regional Instruments
- 1 The Law of the Sea: Progress and Prospects
- 2 Reflections on the 1982 Convention on the Law of the Sea
- 3 Further Development of the 1982 Convention on the Law of the Sea: Mechanisms for Change
- 4 The Role of the United Nations in International Oceans Governance
- 5 Administering the Mineral Resources of the Deep Seabed
- 6 Towards an International Law for the Conservation of Offshore Hydrocarbon Resources within the Continental Shelf?
- 7 The Protection of Underwater Cultural Heritage: Article 303 and the UNESCO Convention
- 8 Maritime Boundary Delimitation: Where Do We Go From Here?
- 9 Submissions to the Commission on the Limits of the Continental Shelf in Cases of Unresolved Land and Maritime Disputes: The Significance of Article 76(10) of the Convention on the Law of the Sea
- 10 From Permission to Prohibition: The 1982 Convention on the Law of the Sea and Protection of the Marine Environment
- 11 Port State Jurisdiction: Towards Mandatory and Comprehensive Use
- 12 The Protection of Biodiversity and Fisheries Management: Issues Raised by the Relationship between CITES and LOSC
- 13 The Convention on the Law of the Sea: An Effective Framework for Domestic Fisheries Conservation?
- 14 Marine Mammals: Exploiting the Ambiguities of Article 65 of the Convention on the Law of the Sea and Related Provisions: Practice under the International Convention for the Regulation of Whaling
- 15 High Seas Fisheries Management under the Convention on the Law of the Sea
- 16 The Role of the World Bank and the Global Environment Facility in the Implementation of the Regime of the Convention on the Law of the Sea
- 17 Freedoms of the High Seas in the Modern Law of the Sea
- 18 Freedom of Navigation in a Post 9/11 World: Security and Creeping Jurisdiction
- 19 Security and the Law of the Sea in East Asia: Navigational Regimes and Exclusive Economic Zones
- 20 Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade
- 21 A System for Law of the Sea Dispute Settlement
- 22 The World Court and Peaceful Settlement of Oceans Disputes
- Index
