International waters or the high seas, in international law, are the part of the ocean that does not belong to any coastal State. It is worth saying that it is the portion of oceans that connect the continents, after the territorial limits exercised by countries with a coastline by law and with right.
The limits from which the ocean comes to be considered the high seas are well established in the laws promulgated for this purpose. International conventions establish that, after the internal sea of any State, a strip of 12 nautical miles is taken for the territorial sea and another 12 miles more for the area adjacent to the territorial sea.
International waters do not belong to any country. Source: B1mbo
The exclusive economic exploitation zone of the coastal state extends up to 200 miles beyond the outer edge of the inland sea. International waters begin once the vertical projection (on the surface) of the continental shelf of the coastal country is completed.
While it is true that there are regulations on international waters for their conscious and peaceful use, they are open to all nations on Earth, whether they have coasts or not.
This means that in these immense stretches of water fishing activities, scientific research, laying of submarine networks and cables, as well as navigation and overflight can be given with total freedom.
Laws
The Second World War made it clear that international agreements were not being complied with in any way. Nations in conflict blocked the free navigation even of ships that remained neutral before the global complaint.
The United Nations Organization wanted to seek order over international waters and convened the First United Nations Conference on the law of the sea.
In this first meeting, several agreements drawn up by the International Law Commission were signed; However, these agreements did not produce the expected historical success due to the small number of countries that implemented them.
Time and technology advanced, and the ambition of some nations over the natural resources that were gradually being discovered near their coasts resulted in the unilateral extension of the limits of the zones of exclusive economic exploitation.
These nations then proceeded to confiscate and retain ships and cargo from other nations without the necessary permits for these waters.
In 1960 the United Nations called for a second conference for the same purposes as the previous one, but at the end of the sessions there was no agreement that could be implemented.
Disorder, abuses and growing conflicts between neighboring nations led the UN to call in 1972 the III conference related to maritime law. After 11 sessions, the treaty entitled United Nations Convention on the Law of the Sea was born.
This document, considered as the Constitution of the sea, was approved in December 1982 after a decade of intense analysis and discussion, entering into force only until 1994. It is currently in force.
Mexico
In this country the Federal Law of the Sea is the charter that regulates everything related to its coasts, extension and relationship with neighboring countries.
In this law, Mexico defines 5 maritime elements over which it has the right: the internal marine waters, the territorial sea, the inclusive economic zone, the contiguous zone and the continental and insular platforms. The application of this law is the responsibility of the Federal Executive Power.
Spain
In Spain, the regulation of maritime affairs depends on the Coastal Law, first presented in 1988. In 2013, several modifications were made with the intention of increasing the legal security of the legal instrument.
This law takes into account three fundamental elements; the first is the maritime-terrestrial public domain, which includes the territorial sea, the beaches, the continental shelf and the natural resources of the economic area.
Secondly, the protection easement stands out, an area that measures 100 meters, ranging from the limit of the sea shore to the mainland, and where there may be private property although it is limited. In third place is the zone of influence, which occupies 500 meters from the sea shore.
Colombia
Colombia has the Law of the Sea to regulate its internal and external maritime affairs. It establishes the points of consideration for the measurements of each one of the maritime spaces, also including bays, gulfs and rivers.
The law establishes that Colombia has the exclusive jurisdiction for the administration, exploitation and exploration of these spaces, including the air space and the subsoil of the delimited area.
Peru
In Peru, the Peruvian Sea Institute (IMARPE) has been developed, a body attached to the Ministry of Production that is in charge of carrying out different investigations related to the Peruvian sea and its resources.
This institution does not make legal decisions, but advises the State on a permanent basis in order to make the most convenient decisions.
In 2005, the Peruvian Congress enacted the Law of Baselines of the Maritime Domain of Peru, through which it was sought to define in a concrete way the maritime limits between this nation and Chile, a neighboring country.
Argentina
The Argentine Congress sanctioned the Law on maritime spaces on September 10, 1991. This law considers the San Jorge, Nuevo and San Matías gulfs, and the outer limit of Río de la Plata. Argentina has an Antarctic area that was not considered in this particular legislation.
This nation has the Naval Hydrography Service, an institution through which the limits corresponding to the maritime territory have been established and which is accountable to the Ministry of Foreign Affairs and Worship.
Current measures to protect international waters
In 2018 the UN convened the first of a series of meetings that aim to comprehensively protect the oceans.
In this case, the focus is on protecting the biodiversity of the sea in international waters. Through this initiative it is intended to protect two thirds of the ocean that houses our planet.
One of the proposed actions is to create a pathway through which protected marine areas can be developed, as well as various reserves. Specialists indicate that this is the first and most important step to start protecting biodiversity.
It is worth saying that only 1% of the entire ocean is protected, and this initiative carried out by the UN can be decisive in promoting the proper use and conservation of the most abundant resource on planet Earth.
References
- "International Waters" in EcuRed. Retrieved on April 3, 2019 from EcuRed: ecured.com
- “Alta Mar” in Wikipedia. Retrieved on April 3, 2019 from Wikipedia: es.wikipedia.org
- "International Waters" in LAWi, Encyclopedia of Law. Retrieved on April 3, 2019 from LAWi, Encyclopedia of Law: leyderecho.org
- "International Waters" in Nautical Training. Retrieved on April 3, 2019 from Náutica Formación: nauticaformacion.es
- "Maritime Law and crimes on the High Seas" in Maritime Law. Retrieved on April 3, 2019 from Maritime Law: leymaritima.com
- "High Seas" in Encyclopaedia Britannica. Retrieved on April 3, 2019 from Encyclopaedia Britannica: britannica.com
- "United Nations Convention on the Rights of the Sea" in the United Nations. Retrieved on April 3, 2019 from the United Nations: un.org
- "Law of Baselines of the Maritime Domain of Peru" in Cooperativa. Retrieved on April 3, 2019 from Cooperativa: cooperativa.cl
- "Federal Law of the Sea" in the Chamber of Deputies. Retrieved on April 3, 2019 from the Chamber of Deputies: diputados.gob.mx
- "About IMARPE" at Instituto del Mar del Peru. Retrieved on April 3, 2019 from Instituto del Mar del Perú: imarpe.gob.pe
- "Law No. 10 of 1978" in the Ministry of the Environment. Retrieved on April 3, 2019 from the Ministry of the Environment: minambiente.gov.co
- “Frequently asked questions about the Coastal Law and its application” in the Ministry for Ecological Transition. Retrieved on April 3, 2019 from the Ministry for Ecological Transition: miteco.gob.es
- Barroso, C. "Historical protection: a law for the high seas" in ABC. Retrieved on April 3, 2019 from ABC: abc.es
- "Law on maritime spaces" in the Argentine Navy. Retrieved on April 3, 2019 from Armanda Argentina: ara.mil.ar