HIGH SEAS, an expression in international law meaning all those parts of
the sea not under the sovereignty of adjacent states. Claims have at
times been made to exclusive dominion over large areas of the sea as
well as over wide margins, such as a 100 m., 60 m., range of vision,
&c., from land. The action and reaction of the interests of navigation,
however, have brought states to adopt a limitation first enunciated by
Bynkershoek in the formula "terrae dominium finitur ubi finitur armorum
vis." Thenceforward cannon-shot range became the determining factor in
the fixation of the margin of sea afterwards known as "territorial
waters" (q.v.). With the exception of these territorial waters, bays of
certain dimensions and inland waters surrounded by territory of the same
state, and serving only as a means of access to ports of the state by
whose territory they are surrounded, and some waters allowed by
immemorial usage to rank as territorial, all seas and oceans form part
of the high sea. The usage of the high sea is free to all the nations of
the world, subject only to such restrictions as result from respect for
the equal rights of others, and to those which nations may contract with
each other to observe. An interesting case affecting land-locked seas
was that of the _Emperor of Japan_ v. _The Peninsular and Oriental Steam
Navigation Company_, in which a collision had taken place in the inland
sea of Japan. The British Supreme Court at Shanghai declared this sea to
form part of the high sea. On appeal to the privy council, the
appellants were successful. Though the decision of the Shanghai court on
the point in question was not dealt with by the privy council, Japan
continues to treat her inland sea as under her exclusive jurisdiction.
(T. Ba.)
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