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Law of the sea (or ocean law) is a body of international law governing the rights and duties of states in maritime environments. [1] It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction.
The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction or BBNJ Agreement, also referred to by some stakeholders as the High Seas Treaty or Global Ocean Treaty, [29] is a legally binding instrument for the conservation ...
UNCLOS, also called the Law of the Sea Convention or the Law of the Sea Treaty, defines the rights and responsibilities of nations in their use of the world's oceans; it establishes guidelines for businesses, the environment, and the management of marine natural resources. To date, 168 countries and the European Union have joined the Convention.
Mare Liberum (or The Freedom of the Seas) is a book in Latin on international law written by the Dutch jurist and philosopher Hugo Grotius, first published in 1609.In The Free Sea, Grotius formulated the new principle that the sea was international territory and all nations were free to use it for seafaring trade.
According to international law, Article 92 of the convention which describes ships shall sail under the flag of one state only and, save in exceptional cases expressly provided for in international treaties or in this convention, shall be subject to its exclusive jurisdiction on the high seas; [5] however, when a ship is involved in certain criminal acts, such as piracy, [6] any nation can ...
A baseline, as defined by the United Nations Convention on the Law of the Sea, is the line (or curve) along the coast from which the seaward limits of a state's territorial sea and certain other maritime zones of jurisdiction are measured, such as a state's exclusive economic zone. Normally, a sea baseline follows the low-water line of a ...
A mens rea is imputed when a person with reasonable foresight in the same circumstances would have foreseen that the actus reus would occur. This prevents a person from raising a defence based on willful blindness (note that in the United States, wilful blindness has a slightly different meaning). A problem arises when the defendant is a ...
Shipping was one of the earliest channels of commerce, and rules for resolving maritime trade disputes were developed early. An ancient example was the Rhodian law (Nomos Rhodion Nautikos), of which no extensive written specimen has survived, but which is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the Consulate of the Sea and the Hanseatic League.