Law of the Sea

Topics: United Nations Convention on the Law of the Sea, Territorial waters, Ocean Pages: 15 (5177 words) Published: March 25, 2012

Concept And Evolution Of The Law Of The Sea

Submitted to:
Md. Ramjul Haque
Course Teacher
Department of International Relations
University of Dhaka.

Submitted by:
Anayet Ulla
Roll No: BB-101
4th thYear, 7th Semester
Course No: 402
Session: 2006-2007
Department of International Relations
University of Dhaka.

Date Of Submission: 4 October 2010

Law of the sea is very important and sensitive discipline in international law. Three-quarters of the earth's surface is ocean. These vast waters have been a means of international travel and a major communal source of food for millennia. As a consequence, societies developed norms for international behavior on the ocean long before norms for international behavior on land. Recent technological changes and growing populations have created new uses and exerted new pressures on the world's ocean resources. The law of the sea, therefore, is an old body of law in a period of rapid evolution. History of the law of the sea narrates the struggles for and against the doctrine of free seas. The oceans have been fished and navigated for millennia. Centuries before history was ever recorded, coastal states were engaged in free navigation and maritime trade in the Indian Ocean. According to some historians, the commerce between India and Babylon were carried out as early as 3000 B C. Even in Europe, it was also a recognized rule in Rhodian maritime code which was unequivocally adopted in Roman Law and practised for centuries before the Christian era. The early 1980s, during the finalization of the United Nations Convention on the Law of the Sea (UNCLOS III; itself preceded by UNCLOS II and I in 1960 and 1958 respectively), also witnessed a great outpouring of literature on the law of the sea. During the same period topics such as fishing, whaling, conservation of species, biodiversity, the Antarctic, environment, pollution, deep sea mining, oil platforms and nuclear tests became popular. 2.Evolution Of The Law Of The Sea:

2.1Contributin Of Romans:
Romans has contributed a great deal in the law of the sea. They thought about coastal states, fisheries, navigation. They emphasis on freedom of the sea. Romans gave importance on natural law. They contribute on freedom of navigation.
2.2Contributions Of Scholars:
Hugo Grotius:
Hugo Grotius is one of the greatest philosopher in the history of international law. Dutch philosopher and jurist Hugo Grotius, the father of international law. He is contributing a lot in law of the sea. He achieved his eternal fame merely for his publication Mare Liberum. Grotius considered the freedom of the sea for navigation and trade purposes according to international law, and objected to the Spanish and Portuguese exclusive commercial rights in the East Indies. He sharply defined imperium (governance) and dominium (ownership) in international legal theory. William Welwood :

William Welwood Scotland`s scholar in his 1613 An Abridgement of All Sea-Lawes vehemently opposed the position chosen by Grotius, for interestingly enough theological reasons. So did John Selden in his Mare Clausum (1635), because dominion of the sea was a divine matter. However, the pamphlet was primarily oriented against the ever-increasing Dutch herring fishery along the British coast.

Cornelius Bynkershoek:
Cornelius Bynkershoek whose De Dominio Maris Dissertatio, written in 1702, explains the territorial sovereignty by restricting it to the range of a cannon-shot. At the end of the 18th century the so-called three miles rule became the predominant criterion. Nowadays the territorial...
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