Law of the Sea

Historical Development

Throughout history, in different parts of the world, notably Asia and Europe, coastal states have found a need to regulate their conduct on the seas. In the early 17th century, a debate took place within the European powers as to whether the seas should be open to all (the doctrine of mare liberum advocated by the Dutch jurist, Hugo Grotius) or should be subject to national control (the doctrine of mare clausum advocated by John Selden and supported by Portugal and Spain). From the 17th century to the middle of the 20th century, the doctrine of mare liberum prevailed and the seas and oceans were subject to a legal order composed of a narrow coastal [Page 1048]band of waters subject to national control, beyond which the freedoms of the high seas were available to be enjoyed by all nations. These freedoms included the freedom of navigation, the freedom of fishing, and the freedom to lay submarine cables. This legal order, based on the accepted practice of states, reflected the interests of the leading, mainly European, nations during the age of empires.

The Emergence of the Modern Legal Framework

During the second half of the 20th century, this relatively simple legal order was modified in response to two developments: first, the ever-increasing uses of the seas and oceans by humankind; and, second, the demand for the protection of the interests of the growing number of coastal states, including many newly independent states in Africa, Asia, and the Caribbean. Technological advances, in finding and then exploiting both living and nonliving resources, as well as an enhanced awareness of the need to protect the global marine environment, showed the need for a new, multifaceted legal order. Modifications were made through the practice of states and, especially, through international conventions.

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