— THE HIGH SEAS, THE INTERNATIONAL SEABED AREA, AND THE PROTECTION OF THE MARINE ENVIRONMENT
In international law of the sea, alongside maritime areas over which coastal States possess sovereignty or sovereign rights, there are also maritime areas over which no State may claim sovereignty as it would over its own territory and from which all States may benefit under certain conditions. The most important of these areas are the high seas and the international seabed, known as “the Area,” located beyond national jurisdiction.
The legal regime of these areas is largely governed by the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS was adopted in 1982 and entered into force in 1994. Because the Convention establishes a comprehensive system regulating the various uses of the seas, the rights and obligations of States, the protection of the marine environment, the exploitation of seabed resources, and the settlement of disputes, it is frequently described as the “constitutional order” of the oceans.
With regard to the high seas, the fundamental approach is that these areas are not subject to the sovereignty of any State and that all States may enjoy certain freedoms there. However, the freedoms of the high seas are not unlimited. Various obligations exist concerning the protection of the marine environment, the prevention of piracy, the protection of submarine cables, the relationship between ships and their flag States, and respect for the rights of other States.
The international seabed is subject to a different legal regime. The seabed and subsoil beyond the limits of national jurisdiction are regarded as the “common heritage of mankind,” and activities in this area are conducted within an international legal and institutional framework.
The protection of the marine environment is another fundamental issue that has become increasingly important both on the high seas and within areas under national jurisdiction. Part XII of UNCLOS establishes general obligations for States to protect and preserve the marine environment and creates a comprehensive legal framework concerning different sources of marine pollution.
The Legal Status of the High Seas
The high seas refer to those parts of the sea that are not included in the internal waters, territorial sea, archipelagic waters, or exclusive economic zone of any State. Part VII of UNCLOS regulates the legal regime of the high seas.
The fundamental characteristic of the high seas is that no State may establish sovereignty over them. Under the UNCLOS system, the high seas are open to all States. Accordingly, both coastal States and landlocked States may benefit from the high seas within the framework of the conditions recognized by international law.
This does not mean that the high seas are “stateless” or completely unregulated areas. On the contrary, the high seas are subject to detailed rules of international law.
In particular, freedom of navigation, freedom of overflight, the laying of submarine cables and pipelines, the construction of artificial islands and installations, fishing, and marine scientific research are regulated by international law.
Therefore, the fundamental legal approach concerning the high seas may be expressed as follows: the absence of sovereignty and the existence of freedoms are not the same thing.
A State may not claim sovereignty over the high seas; however, it may exercise certain powers over ships flying its flag. Other States may likewise exercise their rights arising from international law.
The Exclusion of State Sovereignty from the High Seas
Article 89 of UNCLOS establishes that no State may validly claim sovereignty over any part of the high seas. This provision demonstrates that the high seas cannot be transformed into the territory of any State.
This principle reveals one of the important distinctions in the law of the sea.
While coastal State sovereignty exists over the territorial sea, subject to the limitations imposed by international law, no such sovereignty exists over the high seas. A coastal State may exercise sovereign authority within its territorial sea, subject to the limitations established by international law. By contrast, no State may exercise territorial sovereignty over the high seas.
However, the presence of a ship on the high seas does not mean that it is beyond the legal jurisdiction of every State.
The flag State principle is particularly important with respect to ships. As a general rule, a ship flying the flag of a particular State has a legal connection with that State, and the flag State possesses certain powers and responsibilities over the ship on the high seas.
Accordingly, although there is no sovereignty over the high seas, States possess powers and obligations arising from international law.
Freedom of Navigation on the High Seas
One of the most important characteristics of the high seas is freedom of navigation.
Article 87 of UNCLOS provides that the high seas are open to all States and identifies freedom of navigation as one of the freedoms of the high seas.
This freedom enables merchant ships, warships, and other vessels meeting the relevant requirements to navigate on the high seas in accordance with international law.
Freedom of navigation is also of great importance for international trade. Since a significant proportion of world trade is conducted by sea, the ability of ships to use international maritime routes is one of the fundamental elements of the global economic system.
However, freedom of navigation is not absolute. Ships must comply with the rules of international law, operate within the framework of the obligations of their flag States, and respect the rules concerning the protection of the marine environment.
Furthermore, a State may not arbitrarily prevent the lawful navigation activities of other States on the high seas by invoking its own security or economic interests.
The Scope of the Freedoms of the High Seas
The freedoms of the high seas are not limited to navigation.
Article 87 of UNCLOS identifies the following among the freedoms of the high seas:
- freedom of navigation,
- freedom of overflight,
- freedom to lay submarine cables and pipelines,
- freedom to construct artificial islands and other installations as permitted under international law,
- freedom of fishing, and
- freedom of marine scientific research.
However, each of these freedoms is subject to different legal conditions.
For example, freedom of fishing does not mean that marine living resources may be harvested without limitation. States have obligations under international law concerning the conservation and sustainable use of marine living resources.
Similarly, freedom of marine scientific research must be considered together with the protection of the marine environment and respect for the rights of other States.
Therefore, the freedoms of the high seas should not be understood as “unrestricted use,” but rather as “freedom of use within the framework of international law.”
The Peaceful Use of the High Seas
One of the important principles governing the use of the high seas is their use for peaceful purposes.
Article 88 of UNCLOS provides that the high seas shall be reserved for peaceful purposes.
This provision should not be interpreted as completely demilitarizing the seas. International law does not, in itself, prohibit warships from being present on the high seas or from engaging in certain military activities.
However, States must comply with their obligations under the Charter of the United Nations and other applicable rules of international law when using maritime areas.
Therefore, a balance exists between military activities on the high seas and the rules governing international peace and security.
The Flag State Principle
One of the fundamental principles governing ships on the high seas is the flag State principle.
Under Article 91 of UNCLOS, States have the authority to determine the conditions for granting nationality to ships and for ships to fly their flags. The Convention also provides that there must be a genuine link between the State and the ship.
The flag is of great importance in determining the legal status of a ship on the high seas.
Under Article 92 of UNCLOS, ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in UNCLOS, shall be subject to the exclusive jurisdiction of that State on the high seas.
This system is important for maintaining order on the high seas.
Otherwise, unlimited claims of jurisdiction by multiple States over the same ship could create serious legal uncertainty in international maritime transportation.
The Responsibilities of the Flag State
The authority of the flag State is not limited to granting its flag to a ship. It also has certain administrative, technical, and social control responsibilities concerning ships.
Article 94 of UNCLOS regulates the duties of the flag State with respect to ships. The flag State must, with regard to ships flying its flag, exercise appropriate jurisdiction and control in administrative, technical, and social matters and ensure compliance with international standards relating to safety, seaworthiness, personnel, communications, and other relevant areas.
This demonstrates that the flag State is one of the principal actors responsible for maintaining order on the high seas.
Thus, although no coastal State possesses general sovereignty over the high seas, an effective legal control mechanism is established through the flag States to which ships are connected.
The Legal Status of Warships
Warships possess a special legal status on the high seas.
Article 95 of UNCLOS provides that warships enjoy complete immunity from the jurisdiction of any State other than the flag State on the high seas.
This immunity derives from the special status of warships as an expression of State sovereignty.
Nevertheless, warships are also subject to the general rules of international law.
The presence of a warship on the high seas does not grant it unlimited authority to violate the sovereignty of other States or disregard the rules of international law.
Collision of Ships and Criminal Jurisdiction on the High Seas
UNCLOS also contains specific provisions concerning maritime accidents and collisions between ships.
In particular, where a ship collides with another ship or is involved in another navigational accident on the high seas, it is important to determine which State has criminal jurisdiction.
Article 97 of UNCLOS establishes rules concerning criminal or disciplinary responsibility in cases of collision or other incidents of navigation occurring on the high seas.
These provisions seek to restrict States from arbitrarily exercising criminal jurisdiction over the ships of other States on the high seas.
The Duty to Render Assistance at Sea
One of the humanitarian dimensions of the law of the sea is the obligation to assist persons in distress at sea.
Article 98 of UNCLOS requires the master of a ship, insofar as the master can do so without serious danger to the ship, crew, or passengers, to render assistance to any person found at sea in danger of being lost. States are also expected to cooperate in the development of search-and-rescue services and the prevention of maritime casualties.
This obligation demonstrates that the law of the sea regulates not only economic and sovereignty-related relations but also the protection of human life.
Rescue and assistance operations are particularly important on international maritime routes where commercial shipping is highly intensive.
Piracy and Maritime Piracy
Piracy is one of the oldest subjects in the international law of the sea.
Articles 100 to 107 of UNCLOS contain provisions concerning the prevention and suppression of piracy.
Piracy generally refers to certain unlawful acts of violence, detention, or depredation committed for private ends on the high seas or in a place outside the jurisdiction of any State, by the crew or passengers of a private ship or aircraft against another ship or aircraft, or against persons or property on board such ship or aircraft.
The special importance of piracy under international law lies in the requirement that all States cooperate to the fullest possible extent in the suppression of piracy.
Article 100 of UNCLOS imposes upon States a duty to cooperate to the fullest possible extent in the repression of piracy.
Universal Jurisdiction in the Fight Against Piracy
One of the important concepts concerning piracy is universal jurisdiction.
Piracy is not regarded merely as an offense committed against the ship or nationals of a particular State. Because of the special nature of piracy under international maritime law, warships of different States may, under certain conditions, seize pirate ships and arrest pirates.
Article 105 of UNCLOS provides that, under the relevant conditions, a pirate ship or a ship taken by pirates may be seized on the high seas.
However, the abuse of this authority may also give rise to international responsibility. UNCLOS contains provisions concerning responsibility for seizures carried out without adequate justification.
The Distinction Between Piracy and Other Threats to Maritime Security
Piracy should not be confused with every form of armed attack occurring at sea.
The definition of piracy under UNCLOS contains specific requirements.
In particular, the location of the attack, the purpose of the attack, the nature of the persons or group carrying out the attack, and whether the attack is directed against another ship are relevant factors.
Therefore, not every armed attack occurring in the territorial sea of a coastal State automatically constitutes piracy under UNCLOS.
This distinction is important in determining which State has which legal powers and jurisdiction.
Drug Trafficking on the High Seas
UNCLOS also provides for cooperation among States against the illicit traffic in narcotic drugs and psychotropic substances on the high seas.
Article 108 of UNCLOS provides that States shall cooperate in the suppression of the illicit traffic in narcotic drugs and psychotropic substances involving ships on the high seas.
This provision demonstrates that States have certain common obligations concerning the suppression of crime on the high seas.
However, the powers of States remain subject to the limits established by international law. A State cannot intervene in a ship flying the flag of another State merely on the basis of a general justification of combating crime.
The Right of Visit
One of the important exceptions concerning ships on the high seas is the right of visit.
Under Article 110 of UNCLOS, a warship may, under certain limited circumstances, approach a foreign ship on the high seas in order to verify the ship’s status and, in certain circumstances, examine its activities.
This authority may arise in particular in cases involving:
- suspicion of piracy,
- suspicion of the slave trade,
- unauthorized broadcasting,
- absence of nationality, or
- suspicion that the ship is, in reality, of the same nationality as the warship despite flying a foreign flag.
The fundamental principle here is the protection of the jurisdiction of the flag State on the high seas.
The right of visit is an exception to this general principle and cannot be expanded into a general authority to interfere with any ship.
The Right of Hot Pursuit
Another important power under the law of the sea is the right of hot pursuit.
Under Article 111 of UNCLOS, a coastal State may pursue a foreign ship that has violated its laws within its internal waters, archipelagic waters, territorial sea, or, under certain circumstances, its contiguous zone or exclusive economic zone, when the ship flees toward the high seas.
The exercise of the right of hot pursuit is subject to several conditions.
Among the fundamental requirements are that the pursuit must have commenced while the foreign ship was within the relevant maritime zone and that the pursuit must be continuous.
This mechanism serves to prevent the high seas from being used as a means of escaping from the lawful jurisdiction of coastal States.
However, the right of hot pursuit is not unlimited. Pursuing another State’s ship on the high seas without satisfying the conditions established by international law may itself constitute an unlawful act.
The Legal Status of the International Seabed
The seabed and subsoil beyond the limits of national jurisdiction have a special legal status under UNCLOS.
This area is referred to as the “Area.”
The most important characteristic of the international seabed is that it is regarded as the common heritage of mankind.
Article 136 of UNCLOS establishes that the Area and its resources are the common heritage of mankind. Article 137 provides that no State may claim or exercise sovereignty or sovereign rights over any part of the Area or its resources.
This system reflects an approach that differs from the traditional concept of State sovereignty.
The purpose is to prevent the resources of the international seabed from being unilaterally appropriated by States with greater technological and economic capacity and to ensure that these resources are managed in accordance with the common interests of the international community.
The Common Heritage of Mankind Principle
The common heritage of mankind principle is one of the most distinctive concepts in the international law of the sea.
This principle means that the international seabed and its resources are not to be placed under the ownership or sovereignty of any particular State.
Accordingly, no State may declare a particular part of the Area to be its own territory.
Likewise, private companies or individuals may not claim sovereignty or ownership over the Area itself.
However, this does not mean that the resources of the Area cannot be exploited in any circumstances.
The exploration and exploitation of these resources may be carried out within the international system established by UNCLOS and through the relevant institutional mechanisms.
The International Seabed Authority
The International Seabed Authority (ISA) is an important institution in the regulation of activities in the international seabed.
UNCLOS established an institutional structure designed to ensure that rights over the Area and its resources are exercised on behalf of mankind. The ISA is the principal institution within this system.
Among the main functions of the ISA are the regulation of activities in the international seabed, the development of relevant rules, and the implementation of the international regime governing the exploitation of resources.
The objective is to ensure that exploitation of seabed resources is carried out not solely for economic interests but also with due regard to the common interests of mankind and the protection of the marine environment.
Mineral Resources of the International Seabed
The deep seabed contains various mineral resources.
Among the most important are polymetallic nodules, polymetallic sulphides, and cobalt-rich ferromanganese crusts.
Technological developments have increased interest in the potential economic exploitation of these resources.
However, deep-seabed mining also raises significant environmental and legal concerns.
Issues such as alteration of the physical structure of the seabed, damage to marine habitats, the formation of sediment plumes, and the uncertainty surrounding the long-term effects on ecosystems are subjects of ongoing international legal discussion.
Therefore, a balance must be established between economic activities in the international seabed and the protection of the marine environment.
The 1994 Implementation Agreement
During the implementation of the international seabed regime established under Part XI of UNCLOS, certain objections were raised, particularly by economically developed States.
In order to address these concerns, the 1994 Agreement relating to the Implementation of Part XI of UNCLOS was adopted.
The Agreement modified certain aspects of the implementation of Part XI and contributed to the broader acceptance of the international seabed regime. According to United Nations sources, the Agreement was developed particularly to address concerns expressed by industrialized States regarding the regime governing deep-seabed mining.
Thus, while preserving the common heritage of mankind principle, efforts were made to establish a more workable economic and institutional framework for the exploitation of resources.
Protection of the Marine Environment
One of the most important issues in modern international law of the sea is the protection of the marine environment.
The oceans are not merely areas for transportation and economic resources. They are also habitats for a wide variety of living organisms and constitute an important part of the global ecosystem.
Part XII of UNCLOS contains comprehensive provisions concerning the protection and preservation of the marine environment.
Article 192 of UNCLOS establishes the general obligation of States to protect and preserve the marine environment.
This obligation is important not only within the territorial seas of States but also with respect to activities carried out by States in different maritime areas within the framework of international law.
The Legal Definition of Marine Pollution
UNCLOS addresses marine pollution in broad terms.
According to United Nations explanations, under UNCLOS, marine pollution includes the introduction by humans, directly or indirectly, of substances or energy into the marine environment that results or is likely to result in harmful effects such as hazards to living resources and marine life, risks to human health, or interference with legitimate uses of the sea.
This approach demonstrates that the protection of the marine environment is not limited to oil spills.
Marine pollution may arise from different sources, including:
- pollution from ships,
- pollution from land-based sources,
- dumping,
- activities on the seabed, and
- pollution through the atmosphere.
Accordingly, international law of the sea applies different legal regulations depending on the source of the pollution.
The General Obligation of States to Protect the Marine Environment
The obligation of States to protect the marine environment is one of the fundamental principles of modern international law of the sea.
States are required to take the necessary measures to prevent, reduce, and control pollution of the marine environment arising from activities conducted within their jurisdiction or under their control.
UNCLOS also recognizes that States have certain regulatory and supervisory responsibilities not only with respect to pollution resulting from their own activities but also with regard to the prevention of environmental harm arising from other activities.
This approach is closely connected with the principle of prevention in environmental law.
The objective is not merely to intervene after environmental damage has occurred but, as far as possible, to prevent such damage from occurring in the first place.
Marine Pollution from Ships
Ships constitute one of the significant sources of marine pollution.
Oil transportation, fuel consumption, the discharge of waste into the sea, and other substances originating from ships may cause damage to the marine environment.
Therefore, UNCLOS imposes various obligations upon States concerning the prevention of pollution from ships.
In addition, detailed rules concerning marine pollution have been further developed through other international conventions.
In this context, conventions such as MARPOL establish more detailed standards concerning different types of pollution from ships.
UNCLOS therefore functions as a general framework convention, while specialized maritime conventions establish more technical rules concerning particular types of pollution.
Marine Pollution from Land-Based Sources
Not all marine pollution originates from ships.
Rivers, industrial facilities, sewage systems, agricultural activities, and various human activities in coastal areas can transport significant quantities of pollutants into the marine environment.
For this reason, UNCLOS also regulates pollution from land-based sources.
United Nations sources indicate that Article 207 of UNCLOS contains provisions concerning the prevention, reduction, and control of pollution of the marine environment from land-based sources.
This area requires the national environmental legislation of coastal States to operate together with international law of the sea.
Pollution Resulting from Dumping
The deliberate disposal of waste or other materials into the sea is also an important source of marine pollution.
UNCLOS contains provisions aimed at preventing and controlling pollution resulting from dumping.
Detailed rules in this field have been further developed through specialized international instruments, particularly the 1972 London Convention and its related protocols.
This system demonstrates that different international conventions operate together with UNCLOS in protecting the marine environment.
Marine Pollution through the Atmosphere
Pollution of the marine environment through the atmosphere also falls within the scope of international law of the sea.
Pollutants released into the atmosphere can reach the marine environment and affect marine ecosystems.
The relevant provisions of UNCLOS require States to adopt regulatory measures for the prevention, reduction, and control of pollution from or through the atmosphere into the marine environment.
This issue has become increasingly important today, particularly in relation to climate change and greenhouse gas emissions.
Recent United Nations explanations also draw attention to the approach of the International Tribunal for the Law of the Sea (ITLOS), according to which anthropogenic greenhouse gas emissions may fall within the concept of marine pollution under UNCLOS.
Protection of Marine Biodiversity
The protection of the marine environment is not limited to preserving the physical and chemical characteristics of seawater.
The protection of marine species and ecosystems is also an important objective of international law of the sea.
UNCLOS provides for measures to protect rare or fragile ecosystems and the habitats of depleted, threatened, or endangered species.
This approach demonstrates that the law of the sea has evolved beyond the traditional concept of economic utilization toward a broader understanding of environmental protection.
International Cooperation in the Protection of the Marine Environment
The protection of the marine environment cannot be achieved through the efforts of a single State.
Because the oceans constitute interconnected ecological systems that transcend national boundaries, activities carried out by one State may affect the marine environment of other States.
For this reason, UNCLOS provides for cooperation among States at the global level and, where appropriate, at the regional level.
United Nations sources indicate that Article 197 of UNCLOS provides for cooperation among States in developing international rules, standards, and recommended practices and procedures for the protection of the marine environment.
Such cooperation may take place in various areas, including:
- information sharing,
- scientific research,
- environmental monitoring,
- pollution prevention,
- emergency response, and
- regional marine protection mechanisms.
The Principle of Sustainable Use
One of the fundamental objectives of modern law of the sea is to allow the economic use of marine resources while protecting marine ecosystems.
Therefore, a balance must be established between economic activities and environmental protection.
United Nations documents indicate that the UNCLOS system concerning the protection of the marine environment seeks to establish a balance between economic and social development and environmental protection and is connected with the concept of sustainable development.
This approach is particularly important with respect to fisheries, seabed mining, energy production, maritime transportation, and coastal activities.
The Balance Between Protection of the Marine Environment and Exploitation of Marine Resources
States have the right to benefit economically from the seas.
Fishing, energy production, maritime transportation, exploitation of natural resources, and scientific research are important to the economic and strategic interests of States.
However, where economic exploitation causes damage to the marine environment, various forms of international responsibility may arise.
Therefore, the fundamental question in modern law of the sea is not whether to “exploit marine resources or protect the environment.”
Rather, the central issue is how economic exploitation can be carried out in a manner compatible with environmental protection obligations.
Environmental Protection in Activities in the International Seabed
Mining activities in the deep seabed represent one of the most current examples of the balance between environmental protection and economic exploitation.
Since the international seabed is regarded as the common heritage of mankind, activities in this area cannot be conducted solely for the purpose of generating economic profit.
The effects of seabed activities on marine ecosystems must be taken into consideration.
Therefore, the legal system governing activities in the international seabed addresses resource exploitation and the protection of the marine environment together.
The Difference Between the High Seas and the International Seabed
The high seas and the international seabed are sometimes confused with one another.
However, the legal status of these two areas is different.
The high seas refer to the areas of water beyond national jurisdiction. All States enjoy certain freedoms in these areas.
The international seabed, by contrast, refers to the seabed and subsoil beyond the limits of national jurisdiction and is regarded as the common heritage of mankind.
Accordingly, the fundamental concept governing the high seas is freedom, whereas the fundamental concepts governing the international seabed are common heritage and international administration.
This distinction is extremely important for understanding the structure of international law of the sea.
Obligations of States on the High Seas and in the International Seabed
Although neither area is subject to the direct exercise of national sovereignty, States nevertheless have important obligations.
On the high seas, States must:
- respect freedom of navigation,
- fulfill their responsibilities as flag States with respect to ships,
- combat piracy,
- protect the marine environment, and
- respect the rights of other States.
With respect to the international seabed, States must:
- refrain from claiming sovereignty over the Area,
- ensure that resources are exploited in accordance with international law,
- respect the common heritage of mankind principle, and
- comply with obligations concerning the protection of the marine environment.
The Increasing Importance of Environmental Responsibility in the Law of the Sea
International law concerning the marine environment has developed significantly in recent years.
Issues such as marine pollution, climate change, sea-level rise, the decline of marine biodiversity, and deep-seabed mining require the environmental dimension of traditional law of the sea to be interpreted and applied more strongly.
While UNCLOS continues to provide the fundamental legal framework in response to these developments, various international agreements and decisions of international judicial bodies contribute to the development of this framework.
The United Nations also states that the provisions of UNCLOS concerning the protection of the marine environment are supported by various sectoral and regional international legal instruments.
General Assessment of the Chapter
In international law of the sea, the high seas, the international seabed, and the protection of the marine environment are interconnected subjects that nevertheless possess different legal regimes.
The high seas are areas not subject to the sovereignty of any State and in which all States may enjoy freedoms recognized by international law. Freedom of navigation, freedom of overflight, fishing, and marine scientific research are regulated within this system.
However, the high seas are not legally an area of unlimited freedom. The flag State principle, the suppression of piracy, the right of visit, hot pursuit, the protection of the marine environment, and respect for the rights of other States constitute important limitations on the freedoms of the high seas.
The international seabed, by contrast, is subject to a different legal regime. The Area and its resources are regarded as the common heritage of mankind. Neither States nor private persons may claim sovereignty over this area. The exploitation of its resources is carried out within the international system established by UNCLOS and through the institutional framework of the International Seabed Authority.
The protection of the marine environment is a common element underlying all these systems. UNCLOS imposes general obligations upon States to protect and preserve the marine environment and establishes a comprehensive legal framework concerning different sources of marine pollution.
Conclusion
International law of the sea is a comprehensive legal system that prevents the oceans from being regarded merely as areas to be used according to the economic or political interests of individual States.
With respect to the high seas, the fundamental principle is that no State may claim sovereignty over these areas and that all States may benefit from the freedoms of the high seas in accordance with the rules of international law.
Although freedom of navigation lies at the center of this system, fishing, marine scientific research, submarine cables and pipelines, overflight, and other activities are also considered among the freedoms of the high seas.
In addition, the flag State principle is one of the fundamental mechanisms for maintaining legal order on the high seas. The nationality of ships, the control obligations of flag States, and the circumstances in which other States may exercise certain powers of intervention are regulated in detail by UNCLOS.
With regard to piracy, a special system has been established to protect the common interests of the international community. The obligation of States to cooperate in suppressing piracy and the authority, under certain conditions, to intervene against pirate ships demonstrate the special character of piracy under international law.
With respect to the international seabed, the common heritage of mankind principle is of fundamental importance. This area is not subject to the sovereignty of any State, and its resources must be exploited with due regard to the common interests of the international community. The International Seabed Authority occupies a central institutional position within this system.
Finally, the protection of the marine environment has become one of the most important areas of development in contemporary international law of the sea. UNCLOS imposes comprehensive obligations upon States to protect the marine environment and to prevent, reduce, and control marine pollution.
Accordingly, the fundamental approach of contemporary international law of the sea may be summarized through three concepts:
Freedom on the high seas, common heritage in the international seabed, and protection of the environment throughout all maritime areas.
When these three elements are considered together, it becomes clear that modern international law of the sea is not merely a branch of law concerning the allocation of maritime areas. It is also a comprehensive system of international law aimed at balancing navigation, the exploitation of economic resources, security, international cooperation, environmental protection, and the common interests of mankind.
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