6.2 Freedom of the High Seas

The freedoms' catalogue (UNCLOS's enumeration): (1) navigation (the ships' free passage — every state's ships including the landlocked states' fleets: the flag state's right to sail); (2) overflight (the aircraft's freedom); (3) the laying of submarine cables and pipelines; (4) the construction of artificial islands (subject to the international law's faces); (5) fishing (subject to the treaties' constraints — the stocks' regimes); (6) scientific research (the freedom within the cooperation's duty). The freedom's limits (the doctrine's discipline): the freedoms exercised by ALL states with "reasonable regard" to the others' interests (the comity's clause); the freedoms' modern qualifications (the fishing's regulation — the stocks' agreements; the environment's duties — the pollution conventions; the navigation's safety — the SOLAS regime); the freedom NOT the lawlessness (the flag state's jurisdiction-and-duty — the "genuine link" requirement; the flag state's control over its ships). The flag state's regime: the nationality's grant (every ship's flag required; the flags of convenience debate — the open registries' honest note); the flag state's exclusive jurisdiction on the high seas (the exceptions: the piracy, the slave trade, the stateless ships, the unauthorised broadcasting, the hot pursuit — the interference's list); the hot pursuit (the pursuit from the zones into the high seas — the continuous, the visual-and-audible signal, the pursuit's end at the foreign state's territorial sea).