International Waters

International waters are defined as open maritime areas that are not under the control, sovereignty, or influence of any single country and are freely accessible to all states of the world. The most prominent characteristic of these waters is that all states possess equal rights and no state has greater authority than another. Within these waters, all states may engage in fishing, navigation, or maritime trade activities by virtue of their equal rights. Consequently, no state or its enforcement forces have the authority to interfere with individuals or vessels of another country within international waters. International waters do not have a defined beginning or end; their boundaries are determined by the territorial waters of other countries.

At the point where a country’s territorial waters end and no other country’s territorial waters are present, the area is defined as international waters. The boundary is typically calculated as 12 nautical miles from the baseline of the coastal state’s territorial waters. This rule is established under Article 3 of the United Nations Convention on the Law of the Sea (UNCLOS).

In the image below, the blue areas represent international waters, while the white areas indicate the official territorial waters of the respective countries. The colorful and pink areas represent the continents/countries on the map.

International waters and countries’ territorial waters.

This term is also frequently raised in discussions regarding disputes arising from violations of international waters and in interstate processes that may lead to conflict. According to the relevant convention, when a dispute occurs between states, a higher court—either jointly established by the two parties or formed by one of them—must be created to resolve the dispute. If such a higher court does not exist, the resolution of the dispute is carried out by the International Court of Justice (International Court of Justice).

Origin of the Term “International Waters”

The term “international waters” was first introduced by the United Nations Convention on the Law of the Sea (UNCLOS) of 1982. The international water boundaries established therein have been endorsed by United Nations (UN) member states and impose significant responsibilities on these members. Therefore, 1982—the official year of the term’s first use and the year the convention entered into force—is accepted as the starting point for this concept.

Areas of Use

While internationally the term “international waters” is a general concept, it also appears in political science, international relations, and history when discussing relevant topics. In the context of international relations and political science, the term is used in historical documents describing past events. In legal contexts, it commonly arises in maritime law disputes involving two or more countries. Because the term is protected under Article 3 of UNCLOS, it holds a fundamental place within international law.

In addition, the term “international waters” may also be used in the field of media, particularly in digital/social media and print media. Furthermore, it is frequently encountered in digital media and in television series or films shown in cinemas.