Freedom of Navigation

Explain and critically evaluate the concept ‘freedom of navigation’. How does the law of the sea draw a balance between: (a) providing and facilitating free/ innocent passage, and (b) imposing restraints on such navigation?

Your answer should include:

1. Proper reference to the legal principles contained in the law of the sea convention 1982 as well as to the decided case-law

2. References to contemporary events

3. Analysis of relevant policy considerations (these should take into account global politics and trade and matters of strategic military importance)

The high seas convention in 1958 contained freedom of high seas such as the freedom of navigation, fishing, laying of submarine cables and pipelines, and over flight. The article 87 includes the list of examples set out in 1958 convention. Those are the freedom to construct artificial islands and other installations, and the freedom of scientific research. Close attention have been made to some aspects of the high seas freedoms. The freedoms of trade and commerce across the world have made recognition of the freedom of navigation across the oceans. When the oceans open for everyone, the freedom to navigate through oceans and sea trade and commerce to flourish during an era in which European colonial powers developed a significant maritime capability. In nineteenth century, when the technological breakthroughs occurred during the industrial revolution, the oceans became the highway for international trade and commerce between the continents. Therefore any restrictions upon freedom of navigation were strongly opposed because of the barriers they placed upon imperial objectives and their possible commercial developments. (Rothwell D & Stephens T, 2010)

Contemporary Interests

There have been instances which have arisen in the past between states over innocent passage by foreign warships in terms of unacceptable environmental risk. The 1958 United Nations Convention on the Law of the Sea...