Was Selden Right? The Expansion of Closed Seas and its Consequences

45 Pages Posted: 2 Sep 2010 Last revised: 13 May 2014

See all articles by Scott Shackelford

Scott Shackelford

Indiana University - Kelley School of Business - Department of Business Law; Harvard Kennedy School Belfer Center for Science & International Affairs; Center for Applied Cybersecurity Research; Stanford Center for Internet and Society; Stanford Law School

Date Written: August 31, 2010

Abstract

This Article focuses on the relationship between the legal regimes governing offshore resources in the continental shelves and the deep seabed, particularly in reference to the extent to which continental shelf claims are encroaching on the deep seabed. The question of how well these respective legal regimes regulate resource exploitation will also be considered, along with an analysis of the underlying reasons driving change in these governance structures. I argue that the primary issue is one of whether vague rules, particularly UNCLOS Article 76, are working in terms of incentivizing sustainable, peaceful development of offshore resources.

Keywords: EEZ, Continental Shelf, Common Heritage of Mankind, Grotius, Selden, Closed Seas, Open Seas, Arctic, Antarctica, Deep Seabed

Suggested Citation

Shackelford, Scott J., Was Selden Right? The Expansion of Closed Seas and its Consequences (August 31, 2010). Stanford Journal of International Law, Vol. 47. Available at SSRN: https://ssrn.com/abstract=1669737

Scott J. Shackelford (Contact Author)

Indiana University - Kelley School of Business - Department of Business Law ( email )

Bloomington, IN 47405
United States

Harvard Kennedy School Belfer Center for Science & International Affairs ( email )

79 JFK Street
Cambridge, MA 02138
United States

Center for Applied Cybersecurity Research ( email )

Wylie Hall 105
100 South Woodlawn
Bloomington, IN 47405
United States

Stanford Center for Internet and Society ( email )

Palo Alto, CA
United States

Stanford Law School ( email )

Stanford, CA 94305
United States

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