International waters

1

The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands. "International waters" is not a defined term in international law. It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country. In other words, "international waters" is sometimes used as an informal synonym for the more formal term "high seas", which under the doctrine of mare liberum (Latin for "freedom of the seas"), do not belong to any state's jurisdiction. As such, states have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research. The Convention on the High Seas, signed in 1958, which has 63 signatories, defined "high seas" to mean "all parts of the sea that are not included in the territorial sea or in the internal waters of a State" and where "no State may validly purport to subject any part of them to its sovereignty." The Convention on the High Seas was used as a foundation for the United Nations Convention on the Law of the Sea (UNCLOS), signed in 1982, which recognized exclusive economic zones extending 200 nmi from the baseline, where coastal states have sovereign rights to the water column and sea floor as well as the natural resources found there. The high seas make up 50% of the surface area of the planet and cover over two-thirds of the ocean. Ships sailing the high seas are generally under the jurisdiction of the flag state (if there is one); however, when a ship is involved in certain criminal acts, such as piracy, any nation can exercise jurisdiction under the doctrine of universal jurisdiction. International waters can be contrasted with internal waters, territorial waters and exclusive economic zones. UNCLOS also contains, in its part XII, special provisions for the protection of the marine environment, which, in certain cases, allow port States to exercise extraterritorial jurisdiction over foreign ships on the high seas if they violate international environmental rules (adopted by the IMO), such as the MARPOL Convention.

International waterways

Several international treaties have established freedom of navigation on semi-enclosed seas. Other international treaties have opened up rivers, which are not traditionally international waterways.

Disputes over international waters

Current unresolved disputes over whether particular waters are "International waters" include:

International waters agreements

{{legend|#90ff90|full national jurisdiction and sovereignty}} {{legend|yellow|restrictions on national jurisdiction and sovereignty}} {{legend|#ff9090|international jurisdiction per common heritage of mankind}}

Global agreements

Regional agreements

At least ten conventions are included within the Regional Seas Program of UNEP, including: Addressing regional freshwater issues is the 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE/Helsinki Water Convention)

Water-body-specific agreements

International waters institutions

Freshwater institutions

Marine institutions

Explanatory notes

This article is derived from Wikipedia and licensed under CC BY-SA 4.0. View the original article.

Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc.
Bliptext is not affiliated with or endorsed by Wikipedia or the Wikimedia Foundation.

Edit article