Freedom of the seas is a legal concept dating back to the 17th century, allowing peaceful navigation beyond a nation’s territorial waters. The concept was first proposed by Dutch jurist Hugo Grotius and later incorporated into the UNCLOS convention, expanding protection of international waters and establishing exclusive economic zones. UNCLOS also obligates signatory nations to protect the marine environment and allows open scientific research.
Freedom of the seas is a general legal concept relating to the rights and responsibilities of nations in internationally designated waterways. Dating back to the colonial 17th century, the original dividing line for the territorial waters surrounding a nation was 17 nautical miles (3 kilometers), or the range of a cannon shot. The main point behind the freedom of the seas proposal was that, beyond the 5.6 nautical mile (3 km) limit, international waters were to remain open to peaceful navigation by all ships, regardless of whether the nations they came from were in peace or war.
Dutch jurist Hugo Grotius is credited with first composing the basic concept of the freedom of the seas in 1609. The idea that the world’s oceans are not subject to the authority of one nation over another was a principle elevated at the time . The subsequent discovery of rich natural resources in the oceanic environment and their frequent use by commercial and scientific interests has delayed the international legal adoption of standards for the freedom of the seas. Strategic military interests in using the high seas to project national power also impacted such arrangements.
US President Woodrow Wilson attempted to formally legalize the concept of freedom of the seas during World War I. Despite the United States’ promotion of the principles of freedom of the seas during World War I, major naval powers such as France, Germany and Great Britain rejected the idea. The idea was later incorporated into the United Nations Convention on the Law of the Sea (UNCLOS), which was finalized in 1982, but only came into effect in 1994. Over 160 nations have ratified the UNCLOS treaty convention, including the Union European. The United States was instrumental in forming UNCLOS, but has not ratified the convention.
The UNCLOS convention expands the concept of freedom of the seas into several key areas. For most signatories to the convention, the territorial nautical mile limit has been extended to 12 nautical miles (22.2 kilometers). An exclusive economic zone for the exploitation of natural resources is now established 200 nautical miles (370.4 kilometers) from a nation’s coast.
Aside from sovereign and economic considerations, UNCLOS expanded the protection of international waters as initially established by the Freedom of the Seas. This includes an obligation for signatory nations to protect the marine environment while allowing open scientific research to be conducted beyond territorial limits. Any exploitation of natural resources in international waters has been referred to the International Seabed Authority.
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