Sunday, August 11, 2019

Doctrine of Freedom of Seas Term Paper Example | Topics and Well Written Essays - 3000 words

Doctrine of Freedom of Seas - Term Paper Example In the First United Nations Conference at Geneva in 1958, and the second conference in Geneva, 1960, third conference in Caracas in 1973, later in Geneva and New York, the problem was discussed; but unanimity decision could not be arrived at for a long time. According to some, the earlier doctrine of Freedom of Seas, the Laissez Faire â€Å"has been designed specifically to favor the strong countries over the weak countries, the industrialized countries over the poor, and the developed over the developing,† Njenga in Payoyo (p.69), because there are inequalities in the traditional law of the sea. Hence it was necessary for the modern doctrine to adjust well with the Doctrine of Coastal State Sovereignty. Countries outside Europe feel that the present law is rather ‘Eurocentric’ â€Å"The idea that beyond the narrow confines of the territorial sea, the Coastal State would retain jurisdiction and control over adjacent resources, living and non-living, as well as all economic activities conducted therein, was realised through the sui generis regime of the Exclusive Economic Zone (EEZ),† (Ibid, p.72). Modern Freedom of the Seas governs unrestricted access to the high seas, beyond the national territory. Initially, it was established by Romans, was challenged by Papal Bull in the 16th century, trying hard to divide the oceans between the then naval powers of Portugal and Spain. In the 18th century, the rights over the territorial waters were extended up to 3 miles. During the war, the United States argued that neutral ships should be permitted into the territorial waters to carry goods, while military blockade, war planning all affected this law in those unsettled days. When naval power was at its zenith, this law was an important bone of contention. After the French revolution when Britain and France imposed the maritime blockade, the matter went to the extent of America declaring war on Britain!

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