Open Sea

One indicates by international water or open sea , this last term being the only employee in Right of the sea, the maritime zones which are not under the dependence of any State (in opposition to the water under jurisdiction of a Coastal state ). Any claim of sovereignty by a State is illegitimate there.

It begins beyond the limit external of the economic exclusive zone (ZEE), to the maximum with 200 nautical miles of the coast. The principle of freedom prevails there: freedom of navigation, overflight, fishing, of the scientific research, to pose cables and pipelines, to build artificial islands.

However, if the continental shelf extends beyond 200 miles, the Coastal state has of sovereign rights relating to the exploitation and exploration of the natural resources of sea-beds and their basement, other than superjacent water, to the external edge of the continental shelf, or with more up to 350 miles. Beyond this last limit extends the zone international from sea-beds which escapes any appropriation and must be only used “at exclusively peaceful ends” and exploited “in the interest of very whole humanity”.

Only the Legal order which applies in open sea is that of the authorities of the State whose ship beats the house.

However:

  • the Coastal state has a right of continuation in open sea, when the continuation started in a zone concerned with the jurisdiction of the prosecuting State;
  • obligation is made, in open sea:
    • to lend assistance and help to whoever in danger;
    • in the States to repress and cooperate with the repression of piracy, the transport of slaves, the illicit traffic of narcotics and the prohibited radioelectric emissions.
  • international conventions multiplied to regulate fishing in open sea, for the protection of specific species (Baleine, Thon) or even in 1995 in connection with overlapping stocks (the fishing resources which are with horse on ZEE and the open sea) and in this case, towards an extension of competences of the Coastal state.

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