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Navigational Servitudes: Parallels Conventional Law of the Sea

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Chapter Summary

The balancing of jurisdiction requirements or ambitions of littoral States with high seas regime freedoms continued through the 1958 Geneva Conventions on the Law of the Sea. Notably the 1958 Geneva Conventions are a significant step forward and show the evolving international law res communis public trust. Later, in 1982, the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) carried the navigational freedom principle further in the ongoing process of balancing international law with municipal law extensions of protective jurisdiction. The UNCLOS addresses this concern with the "common heritage of mankind" concept, and that, in essence, is a refining of the res communis public trust of customary international law and of the 1958 Geneva Conventions. The res communis regime excludes occupation and possession of the high seas, its superjacent air space, seabed, subsoil, living and non-living resources, by any State or group of States.

Keywords: 1958 Geneva Conventions; customary international law; international law res communis public trust; Law of the Sea; littoral States; municipal law; navigational freedom principle; UNCLOS



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