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Freedom of the seas
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Freedom of the seas : ウィキペディア英語版
Freedom of the seas

:''This article is about a legal concept. For other uses, see Freedom of the Seas (disambiguation).''
Freedom of the seas ((ラテン語:mare liberum), lit. "free sea") is a principle in the international law and law of the sea. It stresses freedom to navigate the oceans. It also disapproves of war fought in water. The freedom is to be breached only in a necessary international agreement.
This principle was one of U.S. President Woodrow Wilson's Fourteen Points proposed during the First World War. In his speech to the Congress, the president said:
:''Absolute freedom of navigation upon the seas, outside territorial waters, alike in peace and in war, except as the seas may be closed in whole or in part by international action for the enforcement of international covenants.''
The United States' allies Britain and France were opposed to this point, as France was also a considerable naval power at the time. As with Wilson's other points, freedom of the seas was rejected by the German government.
Today, the concept of "freedom of the seas" can be found in the United Nations Convention on the Law of the Sea under Article 87(1) which states: "the high seas are open to all states, whether coastal or land-locked." Article 87(1) (a) to (f) gives a non-exhaustive list of freedoms including navigation, overflight, the laying of submarine cables, building artificial islands, fishing and scientific research.
==Historical background==
In 1609, Dutch jurist and philosopher Hugo Grotius wrote what is considered the foundation of the international legal doctrine regarding the seas and oceans – ''Mare Liberum'', a Latin title that translates to "freedom of the seas". While it is generally assumed that Grotius first propounded the principle of freedom of the seas, countries in the Indian Ocean and other Asian seas accepted the right of unobstructed navigation long before Grotius wrote his ''De Jure Praedae'' (''On the Law of Spoils'') in the year of 1604. Previously, in the 16th century, Spanish theologian Francisco de Vitoria postulated the idea of freedom of the seas in a more rudimentary fashion under the principles of ''jus gentium''.
During WWII, nations started to expand and claim many resources and water territories all over their surrounding coasts. There were four international treaties meticulously drafted in the late 1950s and onto the 70s, but the issues were not resolved between nations until 1982 when the United Nations Convention on the Law of the Sea was introduced.
UNCLOS is a Law of the Sea treaty: an agreement of rights and responsibilities of nations and their use of the world’s ocean with guidelines of trade, environment, and the management of marine and open seas resources. UNCLOS replaced the four international treaties drafted in the late 50’s through 70's. As of 2013, 165 countries and the European Union have joined the Convention.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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