Ocean freedom (Latin: mare liberum , lit. Ã, "free ocean" ) is a principle in international law and the sea. It emphasizes the freedom to navigate the oceans. It also does not approve of wars fought in the water. Freedom must be violated only in the necessary international treaties.
This principle is one of the Four Points of US President Woodrow Wilson proposed during the First World War. In his speech at the Congress, the president said:
The absolute freedom of navigation in the oceans, beyond territorial waters, is equal in peace and in war, except that the seas can be closed in whole or in part by international action to uphold international treaties.
The allies of the United States of Britain and France opposed this, as Great Britain was also a great naval force at the time. Like other Wilson points, the freedom of the sea was rejected by the German government.
Currently, the concept of "ocean freedom" can be found in the United Nations Convention on the Law of the Sea under Article 87 (1) which states: "open seas are open to all countries, either coastal or landlocked". Article 87 (1) (a) to (f) provide an incomplete list of freedoms including navigation, overflight, submarine cable deployment, artificial island development, fishing and scientific research.
Video Freedom of the seas
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Between the end of the fifteenth to the seventeenth centuries various forces claimed sovereignty over parts of the sea. In 1609 Dutch jurist and philosopher Hugo Grotius wrote what is considered the basis of the doctrine of international law concerning oceans and oceans - Mare Liberum, a Latin title translated as "ocean freedom." The Grotian concept of "sea freedom" was only accepted after a long-century debate between the ideas of Grotius and John Selden ' s.
Although it is generally assumed that Grotius first put forward the principle of ocean freedom, the countries of the Indian Ocean and other Asian seas received a distant navigation right long before Grotius wrote his book De Jure Praedae About the Law of the Consort ) in 1604. Earlier, in the 16th century, the Spanish theologian Francisco de Vitoria postulated the idea of ​​ocean freedom in a more fundamental way under the principles of gentium juice.
During World War II, countries began to develop and claimed many resources and territorial waters throughout the surrounding coast. There were four carefully crafted international agreements in the late 1950s and through the 1970s, but they were not resolved between countries until 1982 when the UN Convention on the Law of the Sea was introduced.
UNCLOS is a Sea Law treaty: agreement on state rights and state responsibilities and world sea use with trade guidelines, environment, and management of marine and open sea resources. UNCLOS replaced four international agreements drawn up in the late 1950s and 1970s. In 2013, 165 countries and the European Union have joined the Convention.
Maps Freedom of the seas
Free sea and registration
Under international law, Article 92 of a convention depicting a ship will sail under the banner of one country only and, except in exceptional cases expressly set out in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. ; however, when a vessel engages in certain criminal acts, such as piracy, any state may exercise jurisdiction under the doctrine of universal jurisdiction. The high seas are defined as part of the sea that is not a territorial sea or internal waters, territorial waters and exclusive economic zones. Article 88 of the 1982 Convention states that the high seas shall be reserved for peaceful purposes. Many countries are involved in military maneuvers and conventional weapons testing and nuclear weapons on the high seas. In order to provide appropriate punishment to the right person or country, the ship must be registered to a country to show proof of ownership. Vessel owners sometimes prefer to pay a lower registration fee by selecting countries such as Panama, Bermuda, Italy, Malta and the Netherlands. According to the Cruise Lines International Association, 90% of commercial ships calling to US ports fly foreign flags. To avoid high costs with more rules and regulations, ships and tankers sometimes prefer lower cost registrations with lower inspection and regulatory standards by choosing a country that controls less of their registered ship, although many ships are owned by individuals or companies in other countries (most often Japan and Greece) under a system called "the flag of convenience". Registering a vessel in Panama means that the vessel is governed by Panama maritime regulations rather than the shipowning country. Shipowners do this because Panama has lower taxes and fewer labor and safety regulations than most other countries. Ship owners can keep their staff working longer in less secure environments, and therefore maximize their profits. Other countries, including Liberia, Cyprus, and the Bahamas also offer convenience flags, but Panama has most of the vessels listed under the scheme. Ships registered in the US will be more expensive, and employee salaries will be higher. Ocean freedom allows a ship to move freely in the ocean as long as it follows international law.
Trading opportunities
From the Vikings to Europe, Central Asia, Africa and North and South America, commerce has played an important role in history, and has been a key factor of economic growth. Trade transfers ownership of goods from one person or entity to another by obtaining the product or service in return from the buyer. When a ship is sailing, there may be many harbors waiting to carry goods from around the world for trade and sales. Free trade opens the market for foreign suppliers increasing competition. Without free trade, domestic firms may enjoy a monopoly or oligopoly that allows them to keep prices far above marginal costs. Trade liberalization will weaken the market power.
The World Trade Organization states that "The sea is a big part of the free trade that takes place all over the world Every day we see imported silk from China, fruits from Mexico, spices from India, chocolate from Africa, and many other items in our home is imported from other countries, the oceans allow many countries to put their cargo into ships and transfer them across the oceans Hundreds of countries join the World Trade Organization With the goods to be traded from one country to another through transport in various sizes of ships from coast to coast, trade promotes more economic value to goods where goods and services are produced to support the supply and demand of participants in the organization. "
The Merchant Marine Act of 1920, also known as the Jones Act (46 USC Ã,§ 883) is a maritime law that controls coastal trade in the United States and determines which vessels can legally engage in that trade and the rules in which they must operate. This action is done to protect jobs for US citizens and their people who work in US ports, and on US ships. Many ships worldwide are sailing under many different flags, and have different crew from different parts of the world where the payment rate is much lower than the US. Jones Act protects American jobs and limits coastal passenger transportation. 46 USC × 12108 also limits the use of foreign ships to catch or transport fish commercially in US waters.
See also
- Dominium maris baltici
- Mare liberum
- Passenger Vessel Services Act of 1886, a similar law on passenger transport between US ports.
- The seafarers' status in admiralty laws of the United States
- AlcÃÆ'¡ÃÆ'§ovas Agreement
- Tordesillas Agreement
References
Source
- Freedom_of_the_seas by Hugo Grotius ( (in English) )
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