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Philippine Bar review · Question

Practice question: Freedom of Navigation

Multiple Choice Hard

Practice question

A shipping company plans a high-seas route directly through an area where another State's ships are lawfully operating. It instructs its captains to ignore collision risks and all competing lawful uses because freedom of navigation is absolute. No exceptional enforcement issue is involved. Which assessment is correct?
  1. High-seas freedoms must be exercised with due regard for other States' interests in exercising those freedoms
  2. Navigation eliminates all duties toward others
  3. A first arrival owns the high seas
  4. Only fishing ships owe due regard
  5. The company may annex the route

Legal references

  • UNCLOS, Article 87(2): https://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf

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