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HIGH SEAS , an expression in See also: international See also: law meaning all those parts of the See also: sea not under the See also: sovereignty of adjacent states
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Claims have at times been made to exclusive dominion over large areas of the sea as well as over wide margins, such as a too m., 6o m., range of vision, &c., from See also: land
.
The See also: action and reaction of the interests of navigation, however, have brought states to adopt a See also: limitation first enunciated by Bynkershoek in the See also: 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 See also: waters " (q.v.)
.
With the exception of these territorial waters, bays of certain dimensions and inland waters surrounded by territory of the same See also: state, and serving only as a means of See also: access to ports of the state by whose territory they are surrounded, and some waters allowed by immemorial usage to See also: rank as territorial, all seas and oceans See also: form See also: part of the high sea
.
The usage of the high sea is See also: free to all the nations of the See also: 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
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An interesting See also: case affecting land-locked seas was that of the Emperor of See also: Japan v
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The See also: Peninsular and See also: Oriental Steam Navigation See also: Company, in which a collision had taken place in the inland sea of Japan
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The See also: British Supreme See also: Court at See also: Shanghai declared this sea to form part of the high sea
.
On See also: 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
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