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The Law of the SeaProgress and Prospects$
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David Freestone, Richard Barnes, and David Ong

Print publication date: 2006

Print ISBN-13: 9780199299614

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299614.001.0001

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Freedoms of the High Seas in the Modern Law of the Sea

Freedoms of the High Seas in the Modern Law of the Sea

Chapter:
(p.327) 17 Freedoms of the High Seas in the Modern Law of the Sea
Source:
The Law of the Sea
Author(s):

David Anderson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199299614.003.0017

This chapter reviews some of the more noteworthy developments in the modern law of the sea, making particular reference to navigational issues. The United Nations Convention on the Law of the Sea (LOSC) contains many important provisions directly concerning or indirectly affecting the high seas. The main provisions are to be found in Parts VII and XI of the LOSC, the latter articulating the concept of the Common Heritage of Mankind. Important provisions are to be found in other parts such as Part XII, concerning the protection and preservation of the marine environment, and Part XIII, concerning marine scientific research. Article 87 of the United Nations Convention on the High Seas contained a non-exhaustive list of four freedoms of the high seas: navigation, fishing, laying of cables and pipelines, and overflight. This chapter also tackles nationality of ships and flag state duties, trafficking of narcotic drugs, unauthorised broadcasting from the high seas, police right to visit and search, and right of hot pursuit.

Keywords:   high seas, United Nations Convention, navigation, high seas, overflight, fishing, cables, pipelines, drug trafficking

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