High seas

Beyond national jurisdiction lies the high seas, a maritime area governed by the principle of freedom of the seas. This freedom covers navigation, overflight, fishing, scientific research and the installation of submarine cables and pipelines. Nevertheless, these rights come with responsibilities, such as cooperating to protect the marine environment and maintain maritime safety. The chapter discusses the Flag State principle, where primary jurisdiction resides with the country of registration, as well as the limited situations in which States can intervene – such as piracy, the slave trade, unauthorized broadcasting and stateless vessels. It highlights enforcement challenges, legal loopholes and jurisdictional fragmentation, especially in cases of transnational crimes. Finally, the chapter calls for enhanced multilateral cooperation mechanisms to prevent the high seas’ freedoms from becoming avenues for impunity.