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Navigational Servitudes: Public Trust of the Oceans

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Chapter Summary

The high seas beyond littoral State jurisdiction Grotius needs to prevail over Selden and the particular interests of littoral States as the Oceans Public Trust becomes the new crucible defining administration of equitable responsibility for the collective community of States in custody of the high seas regime res communis. The International Maritime Organization (IMO) is a reliable example of the pre- United Nations Convention on the Law of the Sea (UNCLOS) development of conventional arrangements as now beginning to organize within the framework of the Oceans Public Trust, especially in consideration of IMO's structure, governance and regulatory responsibility within the high seas regime for protection and preservation of usage of the res communis communal property of the oceans as well as the therein contained living and non-living resources.

Keywords: high seas regime res communis; International Maritime Organization (IMO); littoral States; Oceans Public Trust; UNCLOS



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