What Are High Seas?

Two-thirds of the mighty ocean is encompassed by high seas – expansive waters that conceal phenomenal amazement and enigmas waiting to be explored. It plays a critical role in fostering biodiversity, and international relations while facilitating global trade.

This open water is like a tapestry that weaves together plenty of lives – from the tiniest plankton to the mighty whales – forming a whimsical marine ecosystem bustling with diversity and interconnectedness.

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What are the High Seas

The high seas, also dubbed international waters or transboundary waters, are the vast marine space that lies beyond the exclusive economic zones or territorial waters of a country or state also known as areas beyond national jurisdiction (ABNJ).

The phrases international waters or transboundary waters can be applied if the water column from an ocean, circled or semi-circled provincial seas and estuaries, river, lake, wetland, large maritime ecosystem or any water body exceeds transnational boundaries.

By law, the high seas constitute sea parts not included in the internal water, territorial water, exclusive economic zone (EEZ), of a State, or the archipelagic waters of an archipelagic State.

With that, we understand that high seas are not the property of a single State. No single country is responsible for governing them or the resources they hold.

These cross-border water bodies play a significant role in keeping the global ecosystem in balance, thereby, requiring a collaborated international effort to ensure their sustainable preservation and management.

Are you curious about the difference between territorial and high seas water? Here is a breakdown:

Territorial waters extending to 12 nautical miles from the shore, is like the “VIP zone” of a country. The country exerts control over the water, seafloor, and the airspace above. On the other hand, you land on the high seas territory once you sail past this special coastal zone of territorial water where no single country rules!

It means that, in this zone, any country- without the authority of any single country – can freely sail, fish, or scour based on the rule of collaboration and sharing. In the high seas zone, you can even have an international underwater bash where the sea is the dance floor, and all our sea pals are honourable attendees!

How High Seas are Governed?

Oceans – the Earth’s water blanket- that encompasses two-thirds of the surface – include tidepools, kelp forests at the coast area, and whatnot. But do you know that the high seas, the super fun and mysterious ocean zone, make up 64% of the ocean area? More surprisingly, this is the most productive area on Earth! But how is this magical realm full of surprises and sea life regulated?

Legal Framework and Governance

The law that primarily governs the high seas activities is called The United Nations Convention on the Law of the Sea (UNCLOS), also dubbed the Law of the Sea Convention or the Law of the Sea Treaty. It’s an international treaty that sets a legal framework for all sea and sea-related activities, including the high seas. As of July 2024, 169 States and the European Union have acceded to UNCLOS.

The provisions detailed in the UNCLOS for high seas regulation don’t apply to the archipelagic waters of an archipelagic State, the EEZ, the territorial sea, or the internal water of a State.

The Convention has marked high seas as “open to all States, whether coastal or land-locked.” States need to abide by the conditions and regulations detailed by UNCLOS and other international laws while exercising the freedom of the high seas described in Article 87:

Freedom of Navigation

According to UNCLOS Article 90, all states – land-locked or coastal – hold the right to sail vessels on the high seas area. However, they are mandated to fly their flag while on the voyage.

Freedom of Overflight

According to UNCLOS, any country’s aircraft holds the right to fly over the airspace of the high seas without prior permission from any authority of a certain country. It’s a landmark provision that facilitates international traffic flow and fosters global interconnectivity. However, the Convention mandates aircraft abide by some regulations to ensure the responsible exercise of freedom of overflight.

For example, while flying over the high seas, aircraft must adhere to the international air transport policy and regulations. In addition, UNCLOS encourages air flights to respect the national sovereignty of a country by discouraging them from entering the territorial airspace of seaside states without permission while flying over the maritime area.

Freedom to Lay Submarine Cables

According to Article 112, UNCLOS, all States are permitted to lay submarine cables and pipelines on the high seas floor and ensure their effective maintenance for communication and transportation purposes. This right is subject to Part VI of the Convention which encourages the systematic installation of submarine cables by States and discourages any interference with other activities.

Freedom to Construct Artificial Islands and Other Installations

UNCLOS permits States to build artificial islands and other installations if it doesn’t violate the rules regarding the coastal State’s right to explore and exploit its natural resources. In addition, the construction of these installations should also comply with other international regulations.

Freedom of Fishing

UNCLOS provides States with the right to engage in fishing activities on the high seas. However,

(a) this right is subject to international treaties they have agreed upon regarding fishing on the high seas. These treaties may impose some regulations and obligations to preserve the resources in the water column and foster responsible fishing activities.

(b) States must respect the rights that coastal states have outlined in article 63, paragraph 2, and articles 64 to 67 of UNCLOS; and

(c) States are mandated to abide by any provisions detailed by UNCLOS regarding fishing on the high seas. These regulations are to evade the depletion of fish stock due to overfishing, preserve maritime resources, and collaboration and global connectivity.

The Freedom of Scientific Research

UNCLOS empowers States to conduct scientific research on the high seas. This right is subject to international laws and the provisions outlined in Part VI and Part XIII of the Convention. Part vi offers an outline of the roadmap for research in the continental shelf while also detailing the rights of coastal states to ensure responsible utilisation of natural resources there. On the other hand, part vi deals with imposing obligations on states while conducting research beyond national jurisdictions.

In addition to UNCLOS, different international bodies such as the International Maritime organisation (IMO), the International Seabed Authority (ISA), etc play a pivotaL pivotal role in regulating maritime activities on the high seas. These activities may include fishing, construction of various installations, sailing, etc. These organisations are committed to establishing standards and fostering collaboration and a culture of coordinated efforts among nations for secured maritime activities while also ensuring safety on the high seas.

Importance of Protecting High Seas

Rich in biodiversity: Housing more than 95% of living organisms – from fisheries and sharks to remarkable ecosystems such as deep-sea corals, high seas have long been considered the ultimate reservoir of biodiversity.
Source of Oxygen: Different types of phytoplankton – producers of half of atmospheric oxygen – call the high seas their home sweet home! Constituting almost 95% of the Earth’s habitable space, this international waters is the regulator of global oxygen supply. The role of the high seas in connecting and nurturing different marine ecosystems is beyond question.
Climate Change: High seas, by sequestering a high volume of anthropogenic carbon dioxide, and absorbing excess heat from the atmosphere, play a pivotal role in reducing the impact of climate change significantly.
Economic Value: The freedom to sail, overflight, and fishing enjoyed by all states can help them significantly add up to their national economy. Despite substantial economic benefits, only 1% of global high seas are reported to be protected which can affect economic returns significantly.

Challenges and issues with High Seas

Legal and Enforcement Constraints

Legal constraints, such as piracy, lack of surveillance, jurisdictional opacity, limited monitoring capabilities, etc., greatly impede effective regulation of high seas. In addition, the number and scope of the laws currently regulating the high seas are not enough compared to the vastness and intricacy of the high seas. All these limitations signify the importance of global collaboration and more stringent legal frameworks to mitigate the issues with the high seas efficiently.

Environmental challenges

Environmental challenges such as overfishing, climate change, and pollution highly degrade the quality of high seas. While overfishing can deplete fish stock, anthropogenic reasons such as chemical pesticides can contaminate the high seas.

Piracy and Illegal Activities

Piracy and illegal activities pose significant security and safety concerns on the high seas. Acts such as violence, robbery, etc., endanger marine lives while also disrupting global trade and economic activities. involves acts of robbery, violence, or hijacking of ships for ransom, particularly in regions with weak governance and maritime law enforcement. These criminal activities not only endanger the lives of seafarers but also disrupt global trade and economic activities.