Protecting the seas and oceans of the world by means of sanctions and other measures of public international law

AuthorDaniel Stefan Paraschiv
PositionUniversity, Râmnicu Vâlcea - Romania
Pages140-145
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 3 (2013), pp. 140-145
140
PROTECTING THE SEAS AND OCEANS OF THE WORLD BY
MEANS OF SANCTIONS AND OTHER MEASURES OF PUBLIC
INTERNATIONAL LAW
D. . Paraschiv
Daniel-tefan Paraschiv
Faculty of Law and Public Administration, Râmnicu Vâlcea,
“Spiru Haret” University, Râmnicu Vâlcea, Romania
*Correspondence: Daniel-tefan Paraschiv, 30 General Magheru St., Râmnicu Vâlcea,
Vâlcea, Romania
E-mail: drept_vl.paraschiv.daniel@spiruharet.ro
Abstract
The maritime zones recognized under international laws – are formed from the high
seas, with the riches at the bottom of the oceans and seas from this perimeter – which is
regulated by international conventions, whose infringement may lead to the application of
sanctions in conformity with the dispositions stipulated, or, in the lack of such dispositions, to
taking other measures, such as repression or retaliation, which are considered, in the public
international law, as being general sanctions included in the category of countermeasures.
At high seas serious acts of a criminal character are also committed, such as: piracy,
illicit traffic of narcotics and psychotropic substances, etc., thus all states must cooperate in
view of repressing these acts and sanctioning the culprits.
Key-words: international law of the sea, repressions, retaliation, maritime areas
Introduction
The seas and oceans, which cover approximately 70% of the planet’s surface present
a particular global interest for the proper development of navigation by all states concerned,
due to the acute necessity to extend research in these areas, as well as for unexpected
biological, mineral and energetic resources, necessary to the development of people’s
economy. Thus, the forming of the international law of the sea constitutes a major imperative
for the protection of international maritime order, establishing principles and norms of
conduct which imply, besides the rights and obligations, responsibilities imposed on the
states. The nations have intuited for a long period of time the necessity of recognizing law for
the equal usage of the sea by all the people, starting from the idea that the sea must be
considered a good of common use for all the people. Nevertheless, in time, as a result of
changing different objective conditions in the exploitation and capitalization of oceans and
seas, diverse view concerning the usage of the global ocean have appeared. The conception
itself upon the stretching of maritime areas and state laws to exploiting the riches they
contain evolved depending on the possibilities of discovering the mysteries of the planetary
ocean and the capacity to understand the development of marine flora and fauna.
Sanctions and other measures stipulated in the Montego Bay Convention for acts
which breach the law of the sea
For a long period of time, the regulations regarding the law of the sea were mainly
customary, as in the 12th to the 16th century, the practice of the property law with a tendency
of monopoly of powerful states over a part of the seas “adjacent” to their coasts, up to the
“adjacent sea” of other states was dominant. England, France and Holland objected to these
pretensions reclaiming the liberty of navigation for their ships in the oceans and seas of the
world.

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