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The High Seas Regime. A Model of Self Regulation?

Chapter


Abstract


  • The high seas as an international law concept is generally considered to have originated in the

    doctrine of the freedom of the seas advocated by the seventeenth century Dutch jurist, Hugo

    Grotius in his treatise Mare Liberum, published in 1609.1 Grotius drew a distinction between

    the “inner sea” which was surrounded on all sides by the land and thus susceptible to human

    occupation and the “outer sea, the ocean” which he described as “immense . . . infinite, bounded

    only by the heavens” which could neither be “seized or inclosed.”2 His fundamental premise

    that the sea may not be subjected to the sovereignty of individual States survived in Article 89 of

    the United Nations Convention on the Law of the Sea (LOSC). Mare Liberum also introduced

    the principles of freedom of navigation and fishing which remain an integral part of the present

    high seas regime codified in Part VII of the LOSC.

Publication Date


  • 2016

Citation


  • Warner, R. M. (2016). The High Seas Regime. A Model of Self Regulation?. In R. Warner & S. Kaye (Eds.), Routledge handbook of maritime regulation and enforcement (pp. 16-26). London: Routledge, Taylor & Francis Group.

International Standard Book Number (isbn) 13


  • 9781134499472

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3903

Book Title


  • Routledge handbook of maritime regulation and enforcement

Start Page


  • 16

End Page


  • 26

Place Of Publication


  • London

Abstract


  • The high seas as an international law concept is generally considered to have originated in the

    doctrine of the freedom of the seas advocated by the seventeenth century Dutch jurist, Hugo

    Grotius in his treatise Mare Liberum, published in 1609.1 Grotius drew a distinction between

    the “inner sea” which was surrounded on all sides by the land and thus susceptible to human

    occupation and the “outer sea, the ocean” which he described as “immense . . . infinite, bounded

    only by the heavens” which could neither be “seized or inclosed.”2 His fundamental premise

    that the sea may not be subjected to the sovereignty of individual States survived in Article 89 of

    the United Nations Convention on the Law of the Sea (LOSC). Mare Liberum also introduced

    the principles of freedom of navigation and fishing which remain an integral part of the present

    high seas regime codified in Part VII of the LOSC.

Publication Date


  • 2016

Citation


  • Warner, R. M. (2016). The High Seas Regime. A Model of Self Regulation?. In R. Warner & S. Kaye (Eds.), Routledge handbook of maritime regulation and enforcement (pp. 16-26). London: Routledge, Taylor & Francis Group.

International Standard Book Number (isbn) 13


  • 9781134499472

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3903

Book Title


  • Routledge handbook of maritime regulation and enforcement

Start Page


  • 16

End Page


  • 26

Place Of Publication


  • London