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Legal Definitions - sea

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Definition of sea

High Seas refers to all parts of the ocean that are not included in the territorial sea or internal waters of any country. These areas are considered international waters, meaning no single nation has exclusive sovereignty over them. While historically defined as beginning 3 miles from a coast, modern international law, particularly under the 1982 U.N. Convention on the Law of the Sea, generally considers the high seas to start 12 nautical miles from a country's coastline, beyond which lies a 200-mile exclusive economic zone (EEZ) where coastal states have special rights over exploration and use of marine resources, but not full sovereignty.

Here are some examples illustrating the concept of the High Seas:

  • Imagine a large cargo ship, registered in Panama, sailing through the Pacific Ocean, thousands of miles from the nearest coastline. While in this vast expanse of water, the ship experiences a mechanical failure. The crew's actions and any subsequent salvage operations would primarily be governed by international maritime law and the laws of Panama, its flag state, rather than the laws of any specific coastal nation. This scenario demonstrates the High Seas because the vessel is operating in an area beyond the national jurisdiction of any country, where international agreements and the laws of its flag state apply.

  • An international environmental organization launches a campaign to monitor illegal fishing practices in a remote area of the Atlantic Ocean, far beyond the 200-nautical-mile exclusive economic zones of any coastal nation. The organization's vessels operate under the principle of freedom of navigation, a key aspect of the High Seas. If they encounter a fishing vessel engaged in activities prohibited by international treaties, they would report it to relevant international authorities or the vessel's flag state, as no single nation has the authority to enforce its domestic laws in that specific location.

  • A scientific research submarine is deployed to explore a deep-sea trench located in the Indian Ocean, more than 500 miles from any landmass. The data collected and the discoveries made by the research team are considered part of the common heritage of mankind, as the exploration is taking place in the High Seas. No single nation can claim exclusive ownership or control over the scientific findings or the resources discovered in this international territory, highlighting the shared nature of these oceanic areas.

Simple Definition

In a legal context, "sea" generally refers to the ocean or any large body of salt water. Legally, the "high seas" are international waters beyond the jurisdiction of any country, traditionally beginning 3 miles and now generally 12 miles from the coast, though coastal states also have a 200-mile exclusive economic zone. Conversely, the "territorial sea" falls under the sovereign jurisdiction of a coastal nation.

The life of the law has not been logic; it has been experience.

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