In October 2015, Russian ships and submarines operated near undersea data cables, sparking
fears that Russia may intentionally cut or wiretap the world’s communication lines.
Data cables are protected by international law, but what happens out on the high seas
is a legally complicated jurisdiction.
So we wanted to know, what are international waters, and who exactly is in charge?
Well, simply put, international waters are bodies of water that are outside a country’s
territorial waters, which extend 12 nautical miles from its coast.
Within territorial waters, nations have full sovereignty, both above and below the surface.
There is also an “exclusive economic zone” that extends 200 nautical miles out from the
shore.
But the EEZ only applies sovereign rights to what lies below the surface, like oil or
minerals.
After 12 miles, anyone can sail through a country’s exclusive economic zone, but they
can’t drill for oil or fish.
In fact, the freedom to navigate international waters is one of several freedoms guaranteed
by the United Nations Convention on the Law of the Sea.
All countries are allowed to fly over, lay cables, build islands, fish, and perform scientific
research.
Of course, that’s not to say that you can do ANYTHING in international waters.
First and foremost, whatever is being done on the high seas falls under the jurisdiction
of the country the ship is registered in.
But what if the country in question is unable, or refuses to prosecute criminal activity,
such as Somalian piracy?
Well, that’s when the concept of “universal jurisdiction” applies.
“Universal jurisdiction” allows for any country to prosecute a criminal regardless
of their nationality or where the crime was committed.
Although usually this concept is used for crimes against humanity, like genocide, it
is useful in international waters because otherwise NOBODY could claim jurisdiction.
Recent effort against Somalian piracy have been primarily led by the United States, but
also involve China, Russia, France, and the UK, as well as the EU and NATO.
In fact, this policing of international waters marks the first time the UN Security Council
has worked on the same side since World War II.
But what counts as international waters isn’t always clear cut.
The nautical area surrounding the Arctic as well as Antarctica are disputed, as multiple
countries have claimed sovereignty over the land itself.
But perhaps the most tense conflict is in the South China Sea.
China lays claim over a number of islands, and by proxy also polices the surrounding
waters.
But neighboring states like Taiwan, Vietnam and the Philippines say that China’s claims
overlap on their own territory.
Meanwhile, international countries like the United States maintain that a large portion
of the South China Sea constitutes international waters.
The US has even sent ships into what China claims as its own territory.
This dispute is considered one of the most volatile in the Asian region.
International waters are incredibly important for trade and communication, and are generally
protected against unlawful activity.
Although it may seem like you can just take a boat 12 miles off the coast and do whatever
you want, that is far from the case.
Historically countries have claimed dominion over all the world’s oceans, but today,
the high seas are free for all.
Despite how much water there is in the world, it is actually a fiercely fought over resource.
To learn which countries are fighting over water, check out this video.
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