INTRODUCTION –Mare Liberum and mare Clausum An Overview of International Law
The concept of Mare Liberum and Mare Clausum has been central to the development of international law and has been debated for centuries. The concept of Mare Liberum, meaning the “free sea,” is the idea that the seas and oceans belong to no one and are open to all for use and exploitation. On the other hand, the concept of Mare Clausum, meaning the “closed sea,” is the idea that a state has the right to close off parts of the sea to other states for various purposes.
The debate between Mare Liberum and Mare Clausum can be traced back to the seventeenth century and the work of Dutch jurist Hugo Grotius. Grotius argued in his work “Mare Liberum” that the seas and oceans are a common heritage of humankind and that no state has the right to claim exclusive ownership of them. He argued that the seas should be free for navigation and commerce, and that all states should have the right to use the seas for fishing and other purposes.
Grotius’ ideas formed the basis for the freedom of the sea doctrine, which became a central principle of international law. The freedom of the sea doctrine was further developed in the 19th century by the British jurist James Lorimer. Lorimer argued that the freedom of the seas was an essential element of the international community, and that the seas should be open to all states for the purposes of navigation, commerce, and fishing.
The principle of Mare Liberum was challenged in the 20th century by the concept of Mare Clausum.
The idea of Mare
Clausum was developed in response to the increasing demand for resources and the need to protect the maritime environment. States began to claim exclusive rights over parts of the sea, arguing that they had the right to regulate and control the use of the sea with in their jurisdiction.
One of the key developments in the debate between Mare Liberum and Mare Clausum was the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982. UNCLOS provides a comprehensive framework for the regulation of the use of the oceans and seas, and sets out the rights and responsibilities of states with respect to the use of the seas.
UNCLOS recognizes the principle of Mare Liberum, but it also acknowledges the need for states to regulate and control the use of the seas for various purposes. Under UNCLOS, states have the right to claim a 200-nautical mile exclusive economic zone (EEZ), within which they have exclusive rights to the exploitation of natural resources, including fish stocks and other living resources, and the right to regulate activities such as pollution and marine scientific research.
UNCLOS also recognizes the right of coastal states to take measures to protect the marine environment and to preserve the ecological balance of the seas. This includes the right to regulate the discharge of harmful substances into the sea, the right to regulate the use of the seas for scientific research, and the right to regulate the dumping of waste in the seas.
In addition to the rights and responsibilities set out in UNCLOS, states have a responsibility to cooperate in the management and conservation of living resources of the seas, including fish stocks. States are also required to cooperate in the protection of the marine environment, including the prevention and control of marine pollution, and the regulation of the use of the seas for scientific research.
CONCLUSION
Despite the recognition of the principle of Mare Clausum in UNCLOS, the principle of Mare Liberum continues to play an important role in international law. The freedom of the sea’s doctrine remains a cornerstone of international law, and states continue to have the right to use the seas for navigation, commerce, and fishing.
This article is written by SATYAM KUMAR SINGH,BA-LLB ,1ST SEMESTER, MAHRAJA AGRASEN INSITUTE OF MANGMENT STUDIES AFFILIATED TO GGSIPU during his internship.
