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

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