International waters

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International waters are the areas shown in dark blue in this map, i.e. outside exclusive economic zones which are in light blue.

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The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands.<ref>International Waters Template:Webarchive, United Nations Development Programme</ref>

"International waters" is not a defined term in international law. It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country.<ref name="buchanan">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In other words, "international waters" is sometimes used as an informal synonym for the more formal term "high seas", which under the doctrine of mare liberum (Latin for "freedom of the seas"), do not belong to any state's jurisdiction. As such, states have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research.

The Convention on the High Seas, signed in 1958, which has 63 signatories, defined "high seas" to mean "all parts of the sea that are not included in the territorial sea or in the internal waters of a State" and where "no State may validly purport to subject any part of them to its sovereignty."<ref>Text of CONVENTION ON THE HIGH SEAS Template:Webarchive (U.N.T.S. No. 6465, vol. 450, pp. 82–103)</ref> The Convention on the High Seas was used as a foundation for the United Nations Convention on the Law of the Sea (UNCLOS), signed in 1982, which recognized exclusive economic zones extending Template:Convert from the baseline, where coastal states have sovereign rights to the water column and sea floor as well as the natural resources found there.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

The high seas make up 50% of the surface area of the planet and cover over two-thirds of the ocean.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Ships sailing the high seas are generally under the jurisdiction of the flag state (if there is one);<ref>UNCLOS article 92(1)</ref> however, when a ship is involved in certain criminal acts, such as piracy,<ref>UNCLOS article 105</ref> any nation can exercise jurisdiction under the doctrine of universal jurisdiction. International waters can be contrasted with internal waters, territorial waters and exclusive economic zones.

UNCLOS also contains, in its part XII, special provisions for the protection of the marine environment, which, in certain cases, allow port States to exercise extraterritorial jurisdiction over foreign ships on the high seas if they violate international environmental rules (adopted by the IMO), such as the MARPOL Convention.<ref>Jesper Jarl Fanø (2019). Enforcing International Maritime Legislation on Air Pollution through UNCLOS. Hart Publishing.</ref>

Underground Transboundary WatersEdit

When an underground water crosses international boundaries, the term transboundary aquifer applies. The term transboundariness can then be applied, which is a concept, measure and approach first introduced in 2017 <ref>Template:Cite journal</ref> when talking about underground transboundary waters.

The importance of this approach is that the physical properties of aquifers become merely additional variables within the broad spectrum of the transboundary nature of an aquifer: social (population); economic (groundwater efficiency); political (cross-border); existing research or data; water quality and quantity; other issues that drive the agenda (security, trade, immigration, etc.).

The criteria proposed through this approach attempt to encompass and quantify all potential variables that play a role in defining the transboundary nature and multidimensional boundaries of an underground transboundary water.

International waterwaysEdit

File:Riodelaplatabasinmap.png

The Río de la Plata basin gives sea access to landlocked Paraguay and Bolivia, and navigation is free for all international commercial ships.

File:Komárom114.JPG

Komárno in Slovakia is an inland port on the Danube River which is an important international waterway.

Several international treaties have established freedom of navigation on semi-enclosed seas.

The Copenhagen Convention of 1857 opened access to the Baltic Sea by abolishing the Sound Dues and making the Danish straits an international waterway free to all commercial shipping. Separately, the Royal Ordinance of 1999 regulates the access of foreign warships to Danish waters.<ref>Template:Cite book</ref><ref>{{#invoke:citation/CS1|citation

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Several conventions have opened the Bosphorus and Dardanelles to shipping. The latest, the Montreux Convention Regarding the Regime of the Turkish Straits, maintains the straits' status as an international waterway.

Other international treaties have opened up rivers, which are not traditionally international waterways.

The Río de la Plata basin, including the rivers Paraná, Uruguay and Paraguay, is legally open for all international commercial ships without restriction, it notably gives sea access to landlocked Paraguay and Bolivia.
The Danube River is an international waterway so that Germany and Croatia, as well as landlocked Austria, Slovakia, Hungary, Serbia and Moldova can have secure access to the Black Sea.

Disputes over international watersEdit

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File:Clouds over the Atlantic Ocean.jpg

The Atlantic Ocean has the busiest ocean trade routes in the world.

Current unresolved disputes over whether particular waters are "International waters" include:

Arctic Ocean: While Canada, Denmark, Russia and Norway all regard parts of the Arctic seas as national waters or internal waters, most European Union countries and the United States officially regard the whole region as international waters. The Northwest Passage through the Arctic Archipelago is one of the more prominent examples, with Canada claiming it as internal waters, while the United States and the European Union considers it an international strait.<ref>Template:Citation</ref>
Southern Ocean: Australian claim to an exclusive economic zone (EEZ) in Antarctica is challenged by Japan.
Okinotorishima: Japanese claim to an EEZ around Okinotorishima is challenged by China, South Korea, and Taiwan.
South China Sea: Disputes exist between Brunei, China, Indonesia, Malaysia, the Philippines, Taiwan, and Vietnam.

International waters agreementsEdit

Limits of national jurisdiction and sovereignty
Outer space (including Earth orbits; the Moon and other celestial bodies, and their orbits)
national airspace		territorial waters airspace	contiguous zone airspaceTemplate:Citation needed	international airspace
land territory surface	internal waters surface	territorial waters surface	contiguous zone surface	Exclusive Economic Zone surface	international waters surfaceTemplate:NoteTag
internal waters		territorial waters	exclusive economic zone		international watersTemplate:NoteTag
land territory underground		continental shelf surface			extended continental shelf surface	international seabed surface
		continental shelf underground			extended continental shelf underground	international seabed underground

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Global agreementsEdit

International Freshwater Treaties Database (freshwater only).<ref>{{#invoke:citation/CS1|citation

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The Yearbook of International Cooperation on Environment and Development profiles agreements regarding the Marine Environment, Marine Living Resources and Freshwater Resources.<ref>{{#invoke:citation/CS1|citation

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Marine Environment
Marine Living Resources
Freshwater Resources</ref>

1972 London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention 1972).<ref>{{#invoke:citation/CS1|citation

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1973 London International Convention for the Prevention of Pollution from Ships, 1973 MARPOL
1982 United Nations Convention on Law of the Sea (United Nations Convention on Law of the Sea, United Nations; especially parts XII–XIV).<ref>{{#invoke:citation/CS1|citation

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1997 United Nations Convention on the Law of Non-Navigational Uses of International Watercourses (CIW) – not ratified.<ref>{{#invoke:citation/CS1|citation

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Transboundary Groundwater Treaty, Bellagio Draft – proposed, but not signed.<ref>{{#invoke:citation/CS1|citation

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Other global conventions and treaties with implications for International Waters:
- 1971 Ramsar Convention on Wetlands.<ref>{{#invoke:citation/CS1|citation

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- 1992 Convention on Biological Diversity.<ref>Text of the Convention on Biological Diversity especially Articles 12–13, as related to transboundary aquatic ecosystems</ref>
- 2023 High Seas Treaty (BBNJ Agreement)

Regional agreementsEdit

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Map showing the parties of the Barcelona Convention

At least ten conventions are included within the Regional Seas Program of UNEP,<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> including:

the Atlantic Coast of West and Central Africa<ref>{{#invoke:citation/CS1|citation

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the North-East Pacific (Antigua Convention)
the Mediterranean (Barcelona Convention)
the wider Caribbean (Cartagena Convention)
the South-East Pacific<ref>Lima Convention Template:Webarchive, 1986)</ref>
the South Pacific (Nouméa Convention)
the East African seaboard<ref>Nairobi Convention Template:Webarchive, 1985);</ref>
the Kuwait region (Kuwait Convention)
the Red Sea and the Gulf of Aden (Jeddah Convention)

Addressing regional freshwater issues is the 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE/Helsinki Water Convention)<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>