specialty journal of politics and law
Limitations of Freedom of Navigation on the High Seas
Peyman Hakimzade Khoei, Mohsen Abdollahi
High seas belong to all humanity. As a result it is not under qualification of any government and is free. International navigation and commerce also with the use of this principle is developing. This case is of basic importance especially for international commerce and trade. So any interference and applying prohibition is out of international rules. The owner of that flag state could stop and investigate every ship and provided that other governments have reasonable reasons to suspect a ship and those reasons to be in a way that which worth to stop and enter the ship is feasible. But if it becomes clear after investigation of the ship that it was unreasonable to suspect the ship, this issue would be pursuable in the international courts or the government which owns the flag state could retaliate with governmental ships which entered the ship possessing the flag that is harmful for international sailing totally. The flag state, has exclusive qualifications over the ship, its cargo and people. But there are some exceptions to the flag state rule. Right of visiting and searching martial ships in high seas in order to perform rules of international laws when it has acceptable reasons which a (non warship and non-governmental) has committed bellow actions, could be stopped and investigated.