Kathleen Faulkner, age 13, of Montgomery, Ala. for her question:

IS THERE FREEDOM OF THE SEAS?

International law gives all nations the right to navigate and fish freely on the high seas, without molestation by any nation in time of peace.

During the Middle Ages, freedom of navigation on the high seas was curtailed by maritime powers that asserted territorial sovereignty over various bodies of water. Challenges by other countries to such claims increased markedly during the 16th and 17th centuries, largely because of the growth in world trade following the discovery, exploration and colonization of new lands.

The legal basis for claims of territorial sovereignty over the high seas was dealt a severe blow in 1609 by Dutch jurist Hugh Grotius, regarded as the father of international law. Grotius ruled that the seas cannot constitute property because they cannot be occupied in the sense in which land can be occupied and that they are therefore free to all nations and subject to none.

Then about 100 years later another Dutch jurist, Cornelius van Bynkershoek, formulated the important principle of international law. He said that any waters adjoining a given country, within the range of land artillery, are not included in the juridical meaning of the term "high seas" but are under the territorial sovereignty of the contiguous country.

This principle was subsequently adopted throughout the world. A distance of three nautical miles was generally accepted, but his limit was challenged in the 20th century, many countries claiming a limit of six nautical miles or even 12 nautical miles.

During World War I, the use of submarines and aircraft demonstrated the inadequacy of international law with respect to freedom of the seas. Virtually all laws and treaties regarding the subject were disregarded as Great Britain strove to blockade the European continent and Germany attempted to isolate the British from the rest of the world.

During World War II, the rights of neutrals on the high seas were largely disregarded by the belligerent powers because of the desperate urgency of both sides to utilize every means of achieving victory and because of the global character of the war.

The Charter of the United Nations (1945) included a provision empowering the Security Council to institute, among other measures, partial or total interruptions of sea communication, including blockades, when necessary to maintain or restore international peace or security.

The U.N. Conference on the Law of the Sea, convened in Geneva in 1958, defined rights of navigation and fishery on the high seas in time of peace. Despite protracted discussion and compromise attempts, however, differences over the question of three mile, six mile or 12 mile territorial water limits remained unresolved.

The conference approved articles defining the continental shelf and innocent passage of foreign ships through territorial waters and straits. Innocent passage was defined as maritime transit that "is not prejudicial to the peace, good order, or security of the coastal State."