International waters are those located outside any nation’s territorial waters. Some refer to these waters as the open seas or the high seas. No nation ‘owns’ these waters.
They generally extend about 200 nautical miles from a country’s shore and are divided into sections in which the particular country has various rights.
Maritime workers may be able to pursue injury claims under the Jones Act even if the injury occurred on international waters.
Still, if your injury occurred while on international waters, seek legal consultation with an attorney. A lawyer can review your options with you and help you take legal action against a negligent employer.
The United States exercises sovereignty over its territorial waters, which begin at the low-water level baseline as marked on maritime maps, the:
The territorial sea is the United States’s sovereign maritime zone. The contiguous zone is next to the territorial sea where the U.S. can prevent infringement of law within the territorial sea.
The exclusive economic zone encompasses the contiguous zone; the U.S. has the exclusive right to manage natural resources, establish structures, and perform other actions.
Further, the U.S. currently has treaties (boundary agreements) with the following countries:
Like any other Jones Act case, injured maritime workers must establish that an employer’s negligence caused their injuries.
Workers must qualify as a seaman, which means you spend most of your time on navigable waters in service of a vessel. This includes international navigable waters.
One potential scenario where negligence might cause or contribute to injuries in international waters is if a vessel is a victim of piracy.
If the employer was negligent in deterring or managing a pirate attack, injured maritime employees may file a claim.
But the Jones Act can cover any injury related to an employer’s negligence, even if it occurred while in international waters.
After all, the nature of many seamen’s work is traveling to other countries, so the Jones Act extends beyond the maritime boundaries of the U.S.
The Jones Act may present various complex issues, and many maritime workers need clarification on their rights after injury beyond intentional water boundaries.
Contact a maritime injury lawyer at The Young Firm familiar with maritime laws to better understand your rights. Call us at 504-680-4100 for FREE or fill out our contact form to set up a consultation with an attorney so you may discuss your case.
International waters, also known as the high seas, are areas of the ocean that are not under the jurisdiction of any single country.
These waters extend beyond the outer limit of a country’s Exclusive Economic Zone (EEZ), which is generally 200 nautical miles from the coast.
Boundaries within international waters are governed by various international treaties and customary international law.
The territorial sea is a maritime zone that extends up to 12 nautical miles from a coastal state’s baseline, usually the low water line.
Within this area, the coastal state exercises sovereignty, including over the air space above and the sea bed below.
The Exclusive Economic Zone (EEZ) is a maritime zone extending 200 nautical miles from the coast of a country. In this zone, the coastal state has exclusive rights to explore and exploit natural resources, both living and non-living, in the water column and on the sea floor.
The contiguous zone extends up to 24 nautical miles from a country’s baseline. Within this zone, a coastal state can enforce laws concerning customs, immigration, sanitary laws, and pollution, acting to prevent and punish infringement of these laws.
Maritime boundaries are the divisions between adjacent or opposite coastal states’ maritime zones, including territorial seas, EEZs, and continental shelves. These boundaries are determined through international agreements, treaties, and in some cases, adjudication by international courts or arbitration.
International law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), regulates maritime zones. UNCLOS establishes the rights and responsibilities of nations in their use of the world’s oceans, promoting the peaceful use of the seas and the equitable and efficient utilization of marine resources.
The continental shelf is the extended perimeter of each continent, which is submerged under relatively shallow seas and gulfs. Coastal states have sovereign rights over the continental shelf for exploring and exploiting its natural resources, including the continental slope and extended continental shelf, up to 200 nautical miles or more, depending on geological evidence.
The high seas refer to all parts of the sea not included in the EEZ, territorial sea, or internal waters of any state. They are open to all states for freedom of navigation, overflight, fishing, and scientific research, governed by international agreements and customary international law.
The International Seabed Authority (ISA) is an organization established by UNCLOS to regulate mineral-related activities in the international seabed area beyond national jurisdiction, ensuring that these activities are carried out for the benefit of all mankind.
Maritime claims refer to assertions by a coastal state regarding rights over maritime zones such as territorial seas, EEZs, and continental shelves. These claims are often based on historical usage, geographic considerations, and legal authority as prescribed by international law.
Artificial islands are human-made structures constructed on the sea bed. Coastal states have the right to construct artificial islands within their EEZs and continental shelves, subject to international law and agreements to ensure that such constructions do not impede navigation or infringe on the rights of other nations.
Countries enforce laws in their territorial waters through national legislation, supported by international treaties and agreements. This includes regulating maritime activities, protecting the marine environment, conducting marine scientific research, and ensuring national security.
International straits are narrow passages of water that connect two larger bodies of water and are used for international navigation. The right of transit passage through these straits is protected under UNCLOS, allowing ships and aircraft to navigate without hindrance, subject to the coastal states’ safety and environmental regulations.
The 12 nautical mile limit defines the maximum breadth of the territorial sea as established by UNCLOS. Within this limit, the coastal state exercises full sovereignty over the water, air space, sea bed, and subsoil.
Disputes over maritime boundaries are resolved through negotiation, mediation, arbitration, and adjudication by international courts such as the International Court of Justice or tribunals established under UNCLOS. These mechanisms aim to ensure peaceful resolution in accordance with international law.
