The International Law of the Sea is a branch of international law, the norms of which regulate interstate relations in connection with the use of the oceans.

The importance of the international law of the sea is determined by the role which the World Ocean plays today in the life of modern civilization.

First, covering more than two-thirds of the surface of our planet, the World Ocean is a unique absorber of carbon dioxide and a producer of oxygen. Thus, first of all, it is the most important ecological component of the Earth, on which the existence of human life in the future largely depends.

Secondly, it is a giant storehouse, which is already actively used for the extraction of food resources and minerals and whose importance is increasing every year, given that in the near future humanity will face a shortage of hydrocarbons, food and fresh water.

Third, the world’s oceans are the most important sphere of communication used for transportation. The maritime fleet is one of the main means of carrying out international trade. According to the International Maritime Organization (IMO), over 90% of world trade is conducted by sea.

The roots of international maritime law go back to antiquity. Meanwhile, as an independent branch of law of the sea, international maritime law has formed relatively recently.

The main stages in the codification of the International Law of the Sea are usually associated with three UN conferences: in 1958, 1960, and 1973-1982.

Four conventions, adopted at the First United Nations Conference on the Law of the Sea in 1958, on the basis of draft articles prepared by the United Nations International Law Commission, were aimed at regulating the regime of maritime spaces and fishery in the World Ocean: on the Territorial Sea and the Contiguous Zone; on the Continental Shelf; on the High Seas; on Fishery and the Protection of the Living Resources of the High Seas. The Conference essentially codified the vast majority of international law of the sea “scattered” in numerous international treaties and accumulated in the form of international customary law.

The II UN Conference on the Law of the Sea in 1960, devoted mainly to the problem of establishing the unified width of the territorial sea and the fishing zone by the coastal states, ended up in failure.

The positions of the states turned out to be too contradictory. At the same time the Conference paved the way for future positive results.

The third stage marks the third UN Conference on the Law of the Sea, which was literally a landmark event in contemporary international relations and international law. As a result of the Conference, which lasted from 1973 to 1982, which itself has no historical precedent, a comprehensive international legal act, the United Nations Convention on the Law of the Sea (International Convention on the Law of the Sea,1982 – UNCLOS-82) was elaborated and adopted on December 10, 1982 in Montego Bay.

It was immediately signed by 119 states. The 1982 Convention is of great value and universal character. It entered into force on 16 November 1994. The Russian Federation ratified the Convention on February 26, 1997.

Like any branch of international law, the international law of the sea is characterized by special principles. The latter derive from general principles of international law and are unique to the international law of the sea.

The most important principle for the international law of the sea is the principle of freedom of the high seas. It was formulated by ancient Roman lawyers, who recognized the universal right to “sea waters”.

At the same time, the era of the great discoveries was characterized by massive claims of states to entire seas. For example, Genoa claimed the Ligurian Sea, Venice the Adriatic Sea, and Turkey the Black Sea. King Erich of Denmark and Norway declared in 1432 to the King of England that no one had the right to fish and trade in the waters of the Norwegian Sea without his permission. Charles I maintained by force of arms his rights to the North Sea. In fact these claims took the form of harassment and seizures of foreign ships, levying duties on them, etc. It was not until the 18th century that the principle of freedom of the high seas began to spread everywhere. The right of states to enjoy this freedom was formulated by the famous Dutch scientist Hugo Grotius in his book “Mare liberum…” (The Free Sea…), published in 1609. In December 2002, the message of the International Court of Justice to the UN General Assembly on the occasion of the 20th anniversary of the opening for signature of the UN Convention on the Law of the Sea said that the provisions of the Convention originate from Hugo Grotius’ seminal work “The Free Sea”.

The principle of freedom of the high seas is universally recognized. It proceeds from the fact that the high seas cannot be subjected to the sovereignty of any state. It is in the common and equal use of all States.

Closely related to the principle of freedom of the high seas is the principle of the exclusive jurisdiction of the flag State of the ship on the high seas. It provides that a ship on the high seas, as well as all persons on board and their property, are subject exclusively to the law of the flag State under which the ship sails.

Another important principle of the international law of the sea is the principle of the peaceful use of the oceans. It follows from the principles of peaceful settlement of disputes and non-use or threat of force.

According to this principle, maritime space should be used exclusively for peaceful purposes.

The principle of protection of the marine environment is formulated in a concentrated form in Article 192 of the UN Convention on the Law of the Sea (1982) stating that the states are obliged to protect and preserve the marine environment.

In recent decades, the principle of the common heritage of mankind has been universally recognized. In the framework of the international law of the sea, this principle provides for the common equal use of the resources of the seabed and subsoil thereof beyond the limits of national jurisdiction, which are not subject to the sovereignty or sovereign rights of any state.