Law Optional 2017 Paper I

Define 'high seas'. Discuss in brief the provisions of the convention on high seas. Is freedom of fishing on high seas recognized?

Verified Answer
  1. Core Legal Answer & Context: 'High seas' are defined under Article 86 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982 as all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. They are considered res communis omnium, meaning common heritage of mankind, open to all states, whether coastal or land-locked. The high seas are characterized by the principle of freedom, encompassing freedoms of navigation, overflight, laying submarine cables and pipelines, constructing artificial islands and other installations, fishing, and scientific research (Article 87).

  2. Relevant Statutes and Sections:

  • United Nations Convention on the Law of the Sea (UNCLOS) 1982, Part VII (Articles 86-120).
  • Convention on the High Seas 1958 (precursor to UNCLOS).
  1. Important Landmark Cases: While not a judicial case, the Southern Bluefin Tuna Cases (Australia and New Zealand v. Japan, 1999) before an arbitral tribunal under UNCLOS, highlighted the obligations of states to cooperate in the conservation and management of highly migratory species on the high seas, even in the absence of a specific regional fisheries management organization. This underscores that freedoms on the high seas are not absolute and are coupled with duties.

  2. Clear Conclusion: Yes, freedom of fishing on the high seas is recognized under international law, specifically UNCLOS Article 87(1)(e). However, this freedom is not absolute. States exercising this freedom have a duty to cooperate with other states in the conservation and management of living resources on the high seas (Article 118) and to take measures for the conservation of their nationals' living resources (Article 117). This means fishing must be conducted sustainably and in accordance with international conservation measures, often through regional fisheries management organizations (RFMOs), to prevent overexploitation and ensure the long-term viability of fish stocks.