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Freedoms of the High Seas in the Modern Law of the Sea

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Chapter Summary

Many significant developments in the law relating to the high seas have been witnessed during the past century. This chapter reviews, from a personal perspective, some of the more noteworthy developments in the law, making particular reference to navigational issues. It discusses certain legal developments that may now be addressed in terms of articles contained in Part VII, section 1, of the Convention, namely the retention of the concept of the high seas; the freedom of the high seas; the nationality of the ships and flag State duties; trafficking in narcotics on the high seas; unauthorised broadcasting from the high seas; the right of visit and search; hot pursuit; and submarine cables and pipelines. The proposal of port State jurisdiction was accepted as article 218 of the Convention.

Keywords: flag State duties; high seas; hot pursuit; narcotics; port State jurisdiction; submarine cables; unauthorised broadcasting



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