Freedom Of Navigation Essay

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Recommended: United Nations Convention on the Law of the Sea

A. FREEDOM OF NAVIGATION
The arrival by sea of refugees presents us with a challenge when interpreting and applying the principle of non-refoulement. It also leads to confusion about how to understand the relevant rules relating to the freedom of the high seas. One of those freedoms mentioned in UNCLOS is the freedom of navigation. This freedom comprises two principles, namely;
1. The vessel sailing under the flag of any state has the right to navigate through the high seas.
2. The navigation of vessels which are sailing under the flag of any state should not be hampered by any other state.
B. VESSELS WITHOUT A FLAG
In order to control illegal migration, vessels sailing without a flag are extremely important because it is likely that the …show more content…

It is required of the flag state to enact a law which imposes this obligation on the master of the ship. It is, consequently, not a self-executing norm. The scope of this duty has also been extended to “any person”, regardless of their circumstances. This is an essential factor to consider when keeping in mind that most of the people requiring assistance could be refugees or migrants. The only requirement stipulated in the course of providing assistance is that there should be a situation of distress. Even though there is apparent clarity in this article, however, the extent of the assistance to be provided or the existence and scope of related duties (such as bringing the distresses persons to a place of safety) remain vague and …show more content…

Internal waters and consequently ports are under the full jurisdiction and sovereignty of the coastal state. Entry into a port without permission cannot even be allowed while considering the right of innocent passage. The only exception to this rule provided in UNCLOS is for vessels which are in distress. The protection of human life and providing assistance in moments of distress are the occasions on which entry must be accorded. The principle of non-refoulement applies on the various maritime zones however; nothing in UNCLOS stipulates that the coastal state has to accept the intercepted people. The coastal state only has an obligation to not force them back to their country of origin. Practically, if then the refugees are faced with no alternative but to return to their home country, this could be construed as de facto

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