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See also:MARE CLAUSUM and,MARE LIBERUM (See also:Lat. for " closed See also:sea " and " See also:free sea "), in See also:international See also:law, terms associated with the historic controversy which arose out of demands on the See also:part of different states to assert exclusive dominion over areas of the open or high sea. Thus See also:Spain laid claim to exclusive dominion over whole oceans, See also:Great See also:Britain to all her environing narrow seas and so on. These claims gave rise to vigorous opposition by other See also:powers and led to the publication of See also:Grotius's See also:work (16o9) called Mare liberum. In Mare clausum (1635) See also:John See also:Selden endeavoured to prove that the sea was practically as capable of See also:appropriation as territory. Owing to the conflict of claims which See also:grew out of the controversy, maritime states had to moderate their demands and See also:base their pretensions to maritime dominion on the principle that it extended seawards from See also:land.
A See also:formula was found by See also:Bynkershoek in his De dominio See also:maris (1702) for the restriction of dominion over the sea to the actual distance to which See also:cannon range could protect it. This became universally adopted and See also:developed into the three-mile See also:belt (see TERRITORIAL See also:WATERS). In See also:recent times controversies have arisen in connexion with the Baltic, the See also:Black Sea and more especially the See also:Bering Sea. In the latter See also:case the See also:United States, after the See also:purchase of See also:Alaska, vainly attempted to assert dominion beyond the three-mile limit. Still more recently the hardship of treating the greater part of See also:Moray See also:Firth as open sea to the exclusion of See also:British and to the See also:advantage of See also:foreign See also:fisher-men has been raised (see See also:NORTH SEA See also:FISHERIES See also:CONVENTION; TERRITORIAL WATERS).
Conventions for the suppression of the slave See also:trade, including the See also:Brussels See also:General See also:Act of 1885, and the North Sea Fisheries Convention, have placed restrictions on the freedom of the high sea, and possibly, in the general See also:interest, other agreements will bring it further under See also:control, on the principle that what is the See also:property of all. nations must be used without detriment to its use by others (see HIGH SEAS). (T.
End of Article: MARE CLAUSUM
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