The terms international waters or trans-boundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands.[1]
International waters have no sovereighty, ergo is "Terra nullius" as any state controls it. All States have the freedom of: fishing, navigation, overflight, lay cables and pipelines, research and construct installations as artificial islands.
Oceans, seas, and waters outside of national jurisdiction are also referred to as the high seas or, in Latin, mare liberum (meaning free sea). The Convention on the High Seas, which has 63 signatories, defines "high seas" to mean "all parts of the sea that are not included in the territorial sea or in the internal waters of a State."[2]
Ships sailing the high seas are generally under the jurisdiction of the flag state (if there is one);[3] however, when a ship is involved in certain criminal acts, such as piracy,[4] any nation can exercise jurisdiction under the doctrine of universal jurisdiction. International waters can be contrasted with internal waters, territorial waters and exclusive economic zones.
Several international treaties have established freedom of navigation on semi-enclosed seas.
Other international treaties have opened up rivers, which are not traditionally international waterways.
Current unresolved disputes over whether particular waters are "International waters" include:
In addition to formal disputes, the government of Somalia exercises little control de facto over Somali territorial waters. Consequently, much piracy, illegal dumping of waste and fishing without permit has occurred.
Although water is often seen as a source of conflict, recent research suggests that water management can be a source for cooperation between countries. Such cooperation will benefit participating countries by being the catalyst for larger socio-economic development.[6] For instance, the countries of the Senegal River Basin that cooperate through the Organisation pour la Mise en Valeur du Fleuve Sngal (OMVS) have achieved greater socio-economic development and overcome challenges relating to agriculture and other issues.[7]
restrictions on national jurisdiction and sovereignty
At least ten conventions are included within the Regional Seas Program of UNEP,[16] including:
Addressing regional freshwater issues is the 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE/Helsinki Water Convention)[20]
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International waters - Wikipedia, the free encyclopedia
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