The Oceans as the Common Property of Mankind from Early Modern Period to Today

• Published in: History Compass
• Main Author: Heidbrink, Ingo Klaus
• Format: Article in Journal/Newspaper
• Language: English
• Published: Wiley 2008
• Subjects: Iceland
• Online Access: http://dx.doi.org/10.1111/j.1478-0542.2007.00504.x; https://api.wiley.com/onlinelibrary/tdm/v1/articles/10.1111%2Fj.1478-0542.2007.00504.x; http://onlinelibrary.wiley.com/wol1/doi/10.1111/j.1478-0542.2007.00504.x/fullpdf

Abstract Today's Law of the Sea is the result of multiple attempts to organize the utilization of marine resources since the Early Modern period. Starting with Hugo Grotius, the concept of the Freedom of the Seas and an open access approach, the author describes the development of territorial waters and fisheries limits until today. Special consideration is given to the Cod Wars between distant‐water fishing nations and coastal nations like Iceland as well as to Arvid Pardo's vision of the oceans as a Common Heritage of Mankind, the United Nations Conferences on the Law of the Sea and the development of the 200 nautical mile (nm) Exclusive Economic Zones. Based on an historical analysis in the context of the theories of the Tragedy of the Commons and de‐colonization the author discusses why all systems of the Law of the Sea until today failed and could not safeguard a responsible and sustainable use of marine resources. Furthermore the article provides a set of mechanisms that can be applied to the regulation of all open‐access resources.