Legal Definitions - freedom of the seas

Freedom of the seas is a foundational principle in international law. It establishes that the vast expanses of ocean beyond a country's territorial waters – often referred to as the "high seas" – are open for use by all nations and are not subject to the sovereignty or control of any single state. This means that ships navigating these international waters are generally governed by the laws of the country whose flag they fly, rather than the laws of any coastal nation.

However, there are specific, internationally recognized exceptions to this rule. These include situations like piracy, hijacking, the pursuit of a vessel fleeing from a country's territorial waters after committing a crime (known as "hot pursuit"), slave trading, and certain limited rights for warships to approach and inspect vessels under specific circumstances.

Here are some examples illustrating the principle of freedom of the seas:

• Commercial Shipping: A large container ship, registered in Liberia and flying the Liberian flag, is transporting electronics from South Korea to Germany. As it crosses the Pacific Ocean, passes through the Panama Canal, and then traverses the Atlantic Ocean, it remains in international waters for much of its journey.

  This illustrates freedom of the seas because, while in international waters, the vessel is primarily subject to Liberian law. No other nation can demand it pay tolls, seek special permission, or dictate its route through these open seas, upholding the right of all nations to free navigation for trade.

• Scientific Research: A research vessel from Norway is conducting a deep-sea exploration mission to study unique marine life in an abyssal plain located thousands of miles from any coastline in the South Atlantic Ocean.

  This demonstrates freedom of the seas as the Norwegian research team can operate freely in these international waters without needing permission from surrounding coastal states. The vessel and its crew are under Norwegian jurisdiction, allowing them to pursue scientific discovery without interference, provided they adhere to international maritime law and Norwegian regulations.

• Naval Passage: A fleet of warships from India is transiting the Indian Ocean on its way to participate in a joint naval exercise with an allied nation, staying well outside any country's territorial limits or exclusive economic zones.

  This example highlights freedom of the seas because these Indian naval vessels have the right to navigate freely through these international waters without seeking permission from any other nation. They are subject only to Indian military law and international maritime conventions, demonstrating the freedom of all states to use the high seas for purposes like defense and diplomacy, provided they respect the rights of other users.