A Particular Kind of Dominium: The Grotian 'Tendency' and the Global Commons in a Time of High Arctic Change
11(1) Journal of International Law and International Relations 1-60 (2015)
60 Pages Posted: 29 Jan 2016
Date Written: January 27, 2016
Abstract
Hugo Grotius, the most celebrated authority in international law, articulated the doctrine of freedom of the seas in his famous work, Mare Liberum (1609). In support of the claim that states could not enclose or appropriate the seas for private use, Grotius forwarded the idea that the seas were a common good, the use of which must be shared by all of humanity. This Article reconsiders Grotius’ common use argument, noting problems with his original formulation in the context of his own time and in light of dramatic current attempts by certain states to capitalize on changing climate conditions and ambiguities in the international law of the sea to extend their control over new resources. This Article argues that Grotius had a hidden agenda, which, contrary to his revered historical treatment as the progenitor of a liberal ‘Grotian Tradition’ in international law, supports the long-standing and on-going tendency of capable states to lay sovereign claim to emerging resources, once interests and abilities align. Drawing from the history of international law, this Article casts doubt on the current and future significance of common use doctrine and argues that the grander lesson of the ‘Grotian Tradition’ in international law tends more toward the ‘Grotian Tendency’ of states to appropriate rather than share scarce extant or emerging resources.
Keywords: mare liberum, Grotian Tradition, continental shelf extensions, common use, global commons
Suggested Citation: Suggested Citation