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Legal Definitions - free seas

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Definition of free seas

The term free seas, often referred to as international waters or the high seas, describes areas of the ocean that are not under the exclusive jurisdiction or sovereignty of any single nation. This fundamental principle of international law ensures that all states, whether coastal or landlocked, have the right to freedom of navigation, overflight, fishing, and the laying of submarine cables and pipelines in these vast oceanic regions. It promotes the peaceful use and shared access to the world's oceans beyond the territorial limits and exclusive economic zones of individual countries, largely codified by the United Nations Convention on the Law of the Sea (UNCLOS).

  • Imagine a large container ship, registered in Liberia, transporting thousands of tons of goods from Singapore to Rotterdam. For the vast majority of its journey across the Indian Ocean, around the Cape of Good Hope, and up the Atlantic, the vessel travels through free seas.

    This illustrates the concept because the Liberian-flagged ship can navigate these extensive ocean routes without needing permission from any specific country. No single nation has the authority to block its passage or claim exclusive control over these international shipping lanes, as long as the ship adheres to general international maritime laws and safety standards.

  • Consider a team of oceanographers from a Canadian university embarking on a research expedition to study deep-sea volcanic vents in the middle of the South Atlantic Ocean, far beyond the 200-nautical-mile exclusive economic zones of any coastal state.

    The scientists are operating in free seas, meaning they have the right to conduct their scientific research without seeking consent from a particular nation. Their activities are governed by international scientific research guidelines and the broader principles of UNCLOS, rather than the domestic laws of any single country.

  • Picture a fishing fleet from Norway operating in the central Pacific Ocean, thousands of miles from any national coastline, targeting tuna and other migratory fish species.

    This scenario demonstrates the principle of free seas because the Norwegian vessels are exercising their right to fish in international waters. While subject to international conservation and management measures (often established by regional fisheries organizations), they are not under the direct regulatory control of any single coastal state for their fishing activities in these areas.

Simple Definition

The principle of "free seas," also known as freedom of the seas, is a fundamental concept in international law asserting that oceans beyond national jurisdiction are open to all nations.

This means no single country can claim sovereignty over the high seas, allowing all states to navigate, fly over, lay cables, and conduct other lawful activities without interference.

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