About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

36 Colum. J. Transnat'l L. 285 (1998)
Managing the Law of the Sea: Ambassador Pardo's Forgotten Second Idea

handle is hein.journals/cjtl36 and id is 291 raw text is: Managing the Law of the Sea: Ambassador Pardo's Forgotten Second Idea Louis B. SOHN* Can we manage the law of the sea? This challenge is bigger than anything mankind has ever done before. The seas and oceans cover more than two-thirds of our planet. Unlike the remaining thirty percent of the earth's surface, most of which has been occupied and tamed by mankind, only the edges of the oceans and a few areas here and there have been explored by mankind, and those areas are not too well-man- aged. The law that humanity has tried to impose on the ever-changing seas is the law of the sea; it is one of the oldest parts of international law and one of the newest and most challenging. I. A SHORT HISTORY OF SEA MANAGEMENT Since the early days, when sailors and fishermen started venturing beyond their native shores, two basic principles have governed maritime navigation: 1) a coastal State controls a narrow strip of the sea along the coast and foreign vessels entering that area are subject to the jurisdiction of that State; 2) beyond that limited area are the high seas where all the vessels enjoy the freedom of navigation and fishing. Nevertheless, from time to time, some major powers have asserted jurisdiction over wider areas of the sea. After defeating Carthage, and conquering Greece and Egypt, Rome declared the Mediterranean Sea its own sea, mare nostrum. In the medieval period, Venice made the same assertion with respect to the Mediterranean, and only Genoa dared to contest it. For a while Britain claimed sovereignty over the North Sea and all vessels sailing there were forced to pay obeisance to the British flag. The pioneers of transoceanic travel, Portugal and Spain, tried to prohibit to foreign vessels access to the seas surrounding the lands discovered by them in America, Africa and Asia. Pope Alexander VI divided the newly discovered areas between Portugal and Spain in 1493, drawing a line one hundred leagues (300 nautical miles) west of the * Bemis Professor of International Law, Emeritus, Harvard Law School; Woodruff Professor of International Law, Emeritus, University of Georgia School of Law; Distinguished Research Professor of International Law, George Washington University Law School; Former Counselor on International Law, U.S. Department of State; U.S. Deputy Representative, Third U.N. Conference on the Law of the Sea. Copyright © Louis B. Sohn, 1997.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most