Page 134 - MDSL Final

MARITIME DOCTRINE OF SRI LANKA
construct artificial islands and certain other installations. These
freedoms are subject to certain qualifications, such as the duty to
conserve living resources and to cooperate with other nations towards
this end. In addition, a nation exercising its high seas freedom must give
due regard to the interests of other nations. Originally defined as the
area beyond the territorial seas of coastal nations, today the high seas
are defined by the LOSC as the area seaward of the EEZs of nations. The
ability of a State to exercise jurisdiction on the High Seas arises from
either universal jurisdiction, such as the piracy provisions of LOSC, or by
virtue of being a Flag State able to exercise jurisdiction over its flagged
vessels. States may also influence the regulation of high seas activities
by involvement in the development of international instrument under
the auspicious of the IMO. There are limited grounds upon which all
states may take action against ships in the High Seas. These include: duty
to suppress piracy, to prevent slave trading, to suppress unauthorized
broadcasting, by specific agreement with a Flag State for action against
a specific ship, pursuant to relevant UN Security Council Resolutions
and under the Law of Naval Warfare. In addition States are also obliged
to cooperate in the suppression of illicit traffic in narcotic drugs and
psychotropic substances engaged in by ships on the High Seas contrary
to international conventions. 71

The Area

Beyond the limit of national jurisdiction LOSC established a new zone
‘The Area’ which is administered by the International Seabed Authority
(ISBA) on behalf of the state parties and for the benefits of mankind as
a whole recognizing the principle of ‘Common Heritage of the Mankind’.
ISBA’s function is controlled by the state parties in accordance with Part
XI of the LOSC. 72

Key Features of the United Nations Convention on the Law of the Sea
1982

The LOSC now sought to achieve a balance between the respective
rights and interests of Coastal and other Maritime States. It provides
a clear framework for the way in which the various maritime zones are

116 To Nurture a Stable Environment at Sea