Law of the Sea | Oxford Academic

Summary

This 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.