Understanding how laws and liability work in international waters is important if you crew ships in the maritime industry. The oceans are divided into regulated areas, most under international law. Talk to a maritime lawyer if you have been injured in an accident while working on a vessel at sea in international waters or elsewhere.
What Are International Waters?
The term international waters refers to areas of the ocean that do not belong to any country or fall under any country’s jurisdiction. Approximately two-thirds of ocean areas are international.
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These areas are not entirely lawless. International agreements and conventions apply, as do the laws of the country in which a vessel is registered in international waters.
Areas of Maritime Jurisdiction
International waters take up a large portion of the oceans. The rest of the maritime world is divided into various types of territories and jurisdictions:
Territorial Waters
Every country with a coast has sovereignty over its territorial waters, also known as its territorial sea. A country’s territorial sea extends 12 nautical miles from its coast. The state has sovereignty over the water as well as the airspace over it and the seabed under it.
All laws of that state are applicable here, but foreign vessels are free to pass through territorial waters. This is called the right of “innocent passage.”
Contiguous Zone
States can also claim an additional 12 nautical miles to create a contiguous zone. This extends 24 miles from the country’s coast. The authority of a country is more limited in this zone. It has authority over customs, immigration, and sanitation within this zone.
Exclusive Economic Zone
A country’s exclusive economic zone, or EEZ, extends 200 nautical miles from its shores. A country does not have sovereignty within its EEZ. It does have the right to explore and exploit natural resources in this area. It can also manage and conserve natural resources. Some countries use their EEZ to drill for oil, for instance. Many also set aside natural areas for conservation where activities like fishing and drilling are restricted.
International Waters and High Seas
The term international waters often refers to all the ocean 12 miles from any coast. In other words, it is outside of each sovereign nation’s territorial zone. High seas is often used interchangeably with international waters, but they aren’t exactly the same.
The high seas is a more formal term used in the United Nations Convention on the Law of the Sea (UNCLOS). It defines the high seas as the areas of the oceans where no single nation has any jurisdiction. The high seas begin outside EEZs, 200 nautical miles from the shore.
Continental Shelf
The continental shelf is a natural feature of continents. It extends underwater from the shore and ends where it drops deeply off into the ocean. Countries have the right to explore and exploit resources on their continental shelf.
How Does Jurisdiction Work in International Waters?
No nation has sovereignty over the high seas. The United Nations drafted UNCLOS in 1982, and it has been signed by most, though not all, countries. It established territorial waters, continental shelf, and EEZ boundaries, freedom of navigation rights, and mechanisms for conflict resolution.
UNCLOS established “freedom of the high seas,” recognizing that the ocean is the “common heritage of humankind.” This doesn’t mean that anything goes. Certain activities are illegal under international law, including piracy, trafficking, and terrorism.
The country where the ship is registered has jurisdiction over other crimes and negligent acts occurring on a vessel in international waters.
What Happens When Maritime Workers Get Injured in International Waters?
If a seaman is injured on a vessel in international waters, they have recourse under the laws and processes of the nation under which the ship is flagged. For example, if you suffer an injury due to negligence on a U.S. ship on the high seas, you can claim compensation under the Jones Act.
If a U.S. worker is injured on a ship registered in another country, they may be subject to the laws and processes of that country. Protections for maritime workers vary significantly by country.
The Importance of Working with a Maritime Injury Lawyer
Laws and jurisdiction at sea are complicated. It’s best to work with an experienced lawyer specializing in maritime law for the best results if you have been injured at sea. If you lost a loved one to a maritime accident, a lawyer can also help.
Only a maritime attorney has the expertise to sort through the laws involved in your situation, the jurisdiction, and your employer and insurance companies. They will give you the best chance of a good outcome and compensation for your injuries or losses.