1 meeting for

st

International Law of The Sea

Class : I and J
LECTURER : ANUGRAH ADIASTUTI, S.H., MH.
 Legal Definition for sea / ocean

”an entity of ocean water which is connected freely in the

earth surface”

Is there any entity that cannot be defined

as the ocean / sea…?????
Important Functions given by the seas

u  As a medium of communication

u  As
a vast reservoir resources, for living and
non-living resources)
The types of ocean topography

u  Continental shelf (up to 200 meter)

u  Continental slope (between 200 meter-2000 meter)
u  Continental rise (between 2000 meter- 3000 meter)
u  Abysal plain (above 3000 meter)
 Concept of Law of The Sea

There are two concepts for law of the sea:

u  RES COMMUNIS:
Sea or ocean is occupied altogether by the whole international community
so there is no opportunity to be occupied by any autonomous state

u  RES NULLIUS:

Sea or ocean is not engaged by any autonomous state therefore it can be
occupied freely by any state
The development of law of the sea after the Roman Imperium

u  Petition by Venetia over Adriatic sea, Genoa over Liguria sea,
Pisa over Thyrrhenia and this was granted by Pope Alexander
III
u  Pope Alexander III recognition’s toward Spain and Portugal
which segregate (world) ocean’s territory through Todesillas
Agreement
Further implications by ocean’s segregation
made by Portugal and Spain…???
 MARE CLAUSUM (CLOSED SEAS)

u  Began
from the ocean segregation made by Spain
and Portugal
u  The
concept core : sealed and blocked certain
parts of the ocean for international voyage
 MARE LIBERUM (OPEN SEAS)

u  Delivered by Grotius (Hugo de Groot) (international legal expert from

the Netherlands

“oceans were accessible by all nations but incapable of

appropriation”

u  The core concept : ocean is free to be voyaged by anyone

u  Based on ”THE POSSESSION THEORY” through occupation method (it
only applicable to certain objects)
u  How was the ownership over sea acclaimed by Grotius…?

u  Similarities between two concepts of the sea….???

 John Shelden (England)

u  The
ownership over sea / ocean does not only rely on
occupation method but also PRESCRIPTION
u  Therefore,
it implements both concepts: Mare Clausum and
Mare Liberum
 Compromize between 2 concepts

u  Sea, located in certain states, could be possessed

according to state’s ability starts from the mainland
u  Recognize other state’s rights to occupy their own ocean
u  Recognize the existence of innocent passage
Any further questions….???