The History And Trend Of Legal System On The High Seas

Based on the concept development of the high seas and its geography scope, the article expatiated the evolvement of the high seas law and the system of freedom, the exiting problems nowadays. The essential of freedom system is the key.There are serious crisises of entironment and resource the high seas. Recognized by more and more pepole, the trend from freedom to"un-freedom", seems to be inevitable. Therefore, the law system of the high seas must be reformed.Indicated by the law system of"the area", it seems to be better to manage the high seas by a international organization, just like the"The Authority", moreover, the article is concerned with the re-definition of the high seas status and some characters of such an organization, etc.First chapter: Affirming the change of the high seas scope and concept, explaining that the high seas'concept is changing and the scope of the high seas is reducing constantly. United Nations convention on the law of the seas makes the scope of the high seas reduced distinctly.Second chapter is about evolvement of the high seas law system. Originally, it is public property, everyone has right on it; then, feodal archon disputes sea rights in middle ages, and the latter-day seas laws, dived it into territorial sea and the high seas; finally, modern law system. Therefore, modern system is to harmonize countries on resources.Third chapter's is about the high seas's system, its history, jurisdiction, regulations on circumstance and resource. The article shows the law is about obtaining resouses for every state and only benefits the developed states.The forth chapter is mainly about the serious resources and circumstance crisis. The tenets, just like'maintenance of peace, justice and progress for all peoples of the world','the special interests and needs of developing countries', never come out.The fifth chapter wants to show the system is changing significantly. With the enaction of Union Nations Convention on the laws of the seas on Oct 10, 1982 about conserving and managing fisheries, and other high seas fisheries laws, the high seas halieutics freedom seemed to be moved. Jurisdiction seems to be touched too, since Bush, USA president proclaimed nonproliferation security proposal.The sixth and seventh chapters are about what we can learn from the system of'the area'. The article suggests to establish an international organization, similar with'the authority'to perfect the system of the high seas.