Define 'high seas'. Discuss in brief the provisions of the convention on high seas. Is freedom of fishing on high seas recognized ?

Defining the High Seas

As stated above, the high seas are all parts of the ocean that are not under the sovereignty or jurisdiction of any state. This area extends beyond the territorial sea, which typically extends 12 nautical miles from a nation’s coastline, and the Exclusive Economic Zone (EEZ), which extends up to 200 nautical miles. The high seas represent approximately two-thirds of the world’s ocean surface.

The UN Convention on the Law of the Sea (UNCLOS) – Key Provisions

UNCLOS, ratified by over 160 nations, establishes a comprehensive legal order for the oceans and their resources. Several provisions are particularly relevant to the high seas:

Freedom of the High Seas

UNCLOS enshrines several freedoms for all nations, regardless of their coastal status:

• Freedom of Navigation: The right to navigate the high seas without undue restriction. (Article 87)
• Freedom of Fishing: The right to fish on the high seas, subject to certain conditions. (Article 116)
• Freedom to Fly over the High Seas: Right to fly aircraft over the high seas. (Article 89)
• Freedom to Canvass: Right to send ships to canvass for private commercial purposes. (Article 90)
• Freedom to Construct Artificial Islands, Structures and Installations: Right to construct and use artificial islands, structures and installations. (Article 89)

Resource Management

UNCLOS establishes a framework for the management of living resources (fisheries) and mineral resources (deep seabed mining) on the high seas.

• Living Resources (Fisheries): UNCLOS mandates the establishment of regional fisheries management organizations (RFMOs) to conserve living resources and manage fishing activities. (Article 117-120)
• Mineral Resources: The International Seabed Authority (ISA) is responsible for regulating deep seabed mining activities, ensuring equitable access and environmental protection.

Environmental Protection

UNCLOS recognizes the need to protect the marine environment from pollution and degradation. It establishes obligations for states to prevent and control pollution from various sources, including dumping of waste, oil pollution, and air pollution. (Articles 192-201)

Is Freedom of Fishing on the High Seas Recognized?

Yes, freedom of fishing on the high seas is recognized under UNCLOS. However, this freedom is not absolute. It is subject to several limitations:

• Conservation of Living Resources: Fishing activities must be managed in a sustainable manner to prevent overfishing and protect marine ecosystems.
• Regional Fisheries Management Organizations (RFMOs): States are obligated to cooperate through RFMOs to establish and enforce conservation and management measures.
• Flag State Responsibility: States are responsible for regulating the fishing activities of their flag vessels on the high seas.
• UN Sustainable Development Goal 14: This goal highlights the need to sustainably manage and protect marine and coastal ecosystems.

The concept of "Common Heritage of Mankind" also influences fishing rights, emphasizing the equitable sharing of benefits derived from high seas resources. However, the interpretation and application of these principles have been contentious, leading to disputes and illegal, unreported, and unregulated (IUU) fishing.

Evolving Challenges and Modern Perspectives

The traditional understanding of freedom of fishing is being challenged by several factors:

• Overfishing and Depletion of Fish Stocks: Unsustainable fishing practices have led to the depletion of many fish stocks, threatening marine ecosystems and food security.
• Climate Change: Changing ocean conditions are impacting fish distribution and abundance, further complicating fisheries management.
• Emerging Technologies: Advanced fishing technologies are making it easier to locate and exploit fish stocks, increasing the pressure on marine resources.
• Geopolitical Tensions: Disputes over fishing rights are increasingly common, particularly in areas with overlapping claims.

Perspective	Traditional View (UNCLOS)	Modern View (Sustainability)
Fishing Rights	Freedom of fishing subject to conservation and flag state responsibility.	Limited access, quota-based systems, stricter enforcement to ensure sustainability and equitable distribution.
Resource Management	Emphasis on state cooperation through RFMOs.	Greater emphasis on ecosystem-based management and precautionary approaches.
Enforcement	Reliance on flag state responsibility.	Increased international cooperation and enforcement mechanisms to combat IUU fishing.

The recent "Blue Economy" concept promotes sustainable use of ocean resources, including fisheries, but requires a more equitable and collaborative approach.

The legal framework governing the high seas, primarily embodied in UNCLOS, recognizes freedom of fishing but emphasizes the importance of sustainable management and conservation. However, the challenges of overfishing, climate change, and geopolitical tensions necessitate a re-evaluation of traditional approaches. Moving forward, greater international cooperation, stricter enforcement of regulations, and a commitment to ecosystem-based management are crucial to ensure the long-term health and productivity of the high seas and equitable access to their resources. The principle of "Common Heritage of Mankind" needs to be more effectively implemented to address the inequalities in access and benefit sharing.