ABSTRACT

It is well known that beyond a limited area of territorial sea where the coastal state exercises sovereign jurisdiction, an area which is deemed essential for its security and protection of its other vital interests, the vast areas of the ocean are open and free which cannot be appropriated and must not be controlled by any one. In these areas of what are called the ’high seas’, all states enjoy — or at least until recently were supposed to enjoy — as Article 2 of the 1958 Convention on the High Seas declared, freedoms of unobstructed navigation, uncontrolled fishing, right to lay down and maintain submarine cables and pipelines, and freedom to fly over, and such other undefined freedoms as they may like to exercise with due regard to the similar rights and freedoms of others.