Law of the Sea | Oxford Academic

Oxford Academic (Oxford University Press)

14 Jan 201901:45

Summary

TLDRThis video explores the historical and ongoing debate over maritime borders and jurisdiction. From the age of exploration to the modern era, the concept of 'Mare Liberum' versus 'Mare Clausum' has shaped how states claim sovereignty over coastal waters. The video discusses the evolution from the cannon shot rule to the 1982 UN extension of sovereignty to 12 nautical miles, highlighting the shift towards cooperative arrangements and the importance of understanding the law of the sea.

Takeaways

🌊 The concept of borders in the oceans has been debated since the age of exploration, reflecting both political and economic considerations.
🏝️ The debate between Mare Liberum (open seas) and Mare Clausum (closed seas) has shaped how states view their jurisdiction over coastal waters.
🎯 Maritime powers historically used the cannon shot rule, claiming jurisdiction up to three nautical miles based on the range of their cannons.
📈 As natural resources became more valuable, states began to extend their maritime jurisdiction to protect their interests.
🌐 The United Nations played a significant role in defining maritime boundaries, extending the limit of sovereignty to 12 nautical miles in 1982.
🔄 There's a potential shift towards more cooperative arrangements for the management of the seas, suggesting a move towards Mare Reservatum.
🌐 The Law of the Sea is a crucial framework that governs the use and protection of the world's oceans and their resources.
🚢 Maritime powers have used their naval capabilities to influence the development of maritime laws and jurisdiction.
🌟 The script highlights the evolution of maritime laws from the 17th century to modern international agreements.
🌍 The script emphasizes the importance of understanding and learning more about the Law of the Sea to navigate global maritime issues.

Q & A

What is the debate between Mare Liberum and Mare Clausum?
-The debate between Mare Liberum and Mare Clausum revolves around the concept of whether the oceans should be free and open to all nations (Mare Liberum) or if coastal states should have jurisdiction and control over certain maritime areas (Mare Clausum).
Since when have scholars been debating the Mare Liberum versus Mare Clausum issue?
-Scholars have been debating the Mare Liberum versus Mare Clausum issue since the age of exploration in the 17th century.
What is the historical basis for a state's jurisdiction over coastal waters?
-Historically, maritime powers used the cannon shot rule, which was based on the distance they could fire a cannonball, to establish jurisdiction over coastal waters, which was around three nautical miles.
How did the value of natural resources influence maritime jurisdiction?
-As natural resources became increasingly valuable, states extended their protection over their maritime belts, leading to an increase in the limits of sovereignty from the traditional three nautical miles.
What was the UN's stance on the limit of sovereignty over coastal waters by 1982?
-By 1982, the United Nations extended the limit of sovereignty to 12 nautical miles, reflecting a move towards more defined maritime jurisdiction for coastal states.
What is the 'cannon shot rule' mentioned in the script?
-The 'cannon shot rule' was a historical method used to determine the extent of a state's maritime jurisdiction, based on the distance a cannonball could be fired from land, which was approximately three nautical miles.
What does the term 'maritime powers' refer to in the context of the script?
-In the context of the script, 'maritime powers' refers to nations with strong naval capabilities that historically sought to establish and enforce maritime jurisdiction.
What is the significance of the 12 nautical mile limit established by the UN?
-The 12 nautical mile limit established by the UN signifies a legally recognized territorial sea where coastal states have sovereignty and can control resources and activities within this zone.
Is there a trend towards more cooperative arrangements in the management of the oceans?
-The script suggests that there have been signs of a trend towards more cooperative arrangements, such as the concept of 'mare liberum', which implies shared use and management of the oceans.
What is the 'Law of the Sea' and how does it relate to the script's discussion?
-The 'Law of the Sea' is a body of international law governing the use and management of the world's oceans and seas. It relates to the script's discussion as it provides the legal framework within which debates on Mare Liberum and Mare Clausum occur.
How does the script suggest we can learn more about the law of the sea?
-The script encourages learning more about the law of the sea to understand the evolving concepts of maritime jurisdiction and the balance between national sovereignty and international cooperation.

Outlines

00:00

🌊 Maritime Jurisdiction and the Law of the Sea

The paragraph discusses the historical and ongoing debate over maritime jurisdiction. It begins with a question about the ownership of seats in the ocean, leading to a broader discussion about borders in the oceans. The debate between 'Mare Liberum' (open seas) and 'Mare Clausum' (closed seas) has been ongoing since the 17th century, with states leaning towards 'Mare Clausum' as a basis for jurisdiction over coastal waters. The concept of the 'cannon shot rule' is introduced, which was based on the distance a cannonball could be fired, roughly three nautical miles. As natural resources became more valuable, states expanded their maritime belts. The United Nations Convention on the Law of the Sea in 1982 extended the limit of sovereignty to 12 nautical miles. The paragraph ends with a suggestion that there may be a move towards more cooperative arrangements for managing the seas.

Mindmap

Keywords

💡Maritime Jurisdiction

Maritime jurisdiction refers to the legal authority of a coastal state over its coastal waters, including the power to regulate and control activities within those waters. In the context of the video, this concept is central as it discusses the historical and evolving debates over how much control states should have over the seas. The video mentions the transition from the cannon shot rule to the 1982 UN extension of sovereignty to 12 nautical miles, illustrating the expansion of maritime jurisdiction.

💡Maritime Belts

Maritime belts are zones of water extending from a nation's coastline over which a state can claim certain rights and exercise control. The video discusses how states have increased their protection over these belts as natural resources have become more valuable, indicating the importance of these zones in the management of coastal resources and security.

💡Cannon Shot Rule

The cannon shot rule was a historical method for determining the limit of a state's territorial waters, based on the distance a cannonball could be fired from land. As mentioned in the video, this was around three nautical miles and served as a practical measure of control for maritime powers. It reflects the early attempts to define maritime jurisdiction and control over coastal waters.

💡Natural Resources

Natural resources in the context of the video refer to the valuable materials found in the earth, which include oil, minerals, and fish stocks found in the seas. The increasing value of these resources has driven states to extend their maritime jurisdiction to protect and manage these assets, as highlighted by the video's discussion on the expansion of maritime belts.

💡Territorial Waters

Territorial waters are a belt of coastal waters extending at most 12 nautical miles from the baseline of a coastal state, over which the state has sovereignty. The video discusses the historical progression from the cannon shot rule to the establishment of this limit by the UN in 1982, emphasizing the territorial aspect of maritime jurisdiction.

💡Law of the Sea

The law of the sea is a body of international law governing the rights and duties of states in maritime zones. The video suggests a move towards more cooperative arrangements under this law, indicating its role in shaping international agreements and disputes over maritime jurisdiction.

💡Maritime Powers

Maritime powers are nations with strong naval forces and significant interests in the oceans. In the video, these powers are noted for creating the cannon shot rule, reflecting their historical influence in shaping maritime laws and jurisdiction.

💡Nautical Miles

A nautical mile is a unit of distance used in maritime and aviation contexts, equivalent to one minute of latitude. The video uses this term to quantify the distances involved in maritime jurisdiction, such as the 12 nautical miles of territorial waters.

💡Cooperative Arrangements

Cooperative arrangements refer to agreements or partnerships between states for mutual benefit, often in the context of shared resources or challenges. The video hints at a shift towards such arrangements under the law of the sea, suggesting a move away from unilateral control towards shared governance of maritime spaces.

💡Exploration

Exploration in the video refers to the historical era of maritime discovery, which began in the 17th century and led to increased interest in defining maritime jurisdiction. It sets the stage for the ongoing debates over who controls the seas and the resources within them.

💡Sovereignty

Sovereignty in the context of the video pertains to the supreme authority of a state within its territorial boundaries, including territorial waters. The extension of sovereignty to 12 nautical miles by the UN in 1982 is a key example of how states assert control over their coastal waters.

Highlights

The debate on Mare Liberum versus Mare Clausum has been ongoing since the 17th century.

States have historically leaned towards Mare Clausum for jurisdiction over coastal waters.

Maritime powers used the cannon shot rule to establish jurisdiction based on their naval capabilities.

The cannon shot rule was initially set at around three nautical miles.

As resources became valuable, states increased their maritime belt protection.

The United Nations extended the limit of sovereignty to 12 nautical miles in 1982.

There are signs of a potential move towards more cooperative arrangements for maritime governance.

The concept of the 'common heritage of mankind' is introduced as a possible cooperative arrangement.

The law of the sea is crucial for understanding modern maritime jurisdiction.

Exploration of the seas has been a significant factor in the development of maritime laws.

The value of natural resources has influenced the expansion of maritime jurisdiction.

The cannon shot rule was a practical method for early maritime powers to assert control.

The 12 nautical mile limit is a significant milestone in the law of the sea.

Cooperative arrangements like the 'common heritage of mankind' could redefine maritime jurisdiction.

The law of the sea continues to evolve with changing political and economic dynamics.

Understanding the law of the sea is essential for managing global maritime resources.

The debate between Mare Liberum and Mare Clausum is still relevant in modern maritime law discussions.

The future of maritime jurisdiction may involve more international cooperation and shared governance.