8.2.1 Internat ional Law : UNCLOS
Signator y States
Thailand, European Union, Japan, China, and Canada.
(U.S. recognizes as customary international law.)
• Article 87: Freedom of navigation on the high seas may
be exercised by any State, including landlocked States,
and includes the “freedom to construct artificial
islands and other installations.”
• Article 90: Every State has the right to sail ships on the
high seas.
Issue
The Ocean Cleanup activities may impinge traditional
navigation of commercial vessels by obstructing ships’
routes due to the estimated size of The Ocean Cleanup
Array.
Applicat ion
While every state has the right to sail ships, and ships
have the right of freedom of navigation, UNCLOS does not
proscribe specific routes for ships on the high seas. Since
states also have the right to construct artificial islands,
navigational freedom seems to apply more to the act of
sailing than to the route or physical barriers on the high
seas.