On Carl Schmitt's Theory of Ocean Regime

10 Pages Posted: 12 Jan 2013

See all articles by Zhihua Zheng

Zhihua Zheng

Shanghai Jiao Tong University

Date Written: May 12, 2011

Abstract

This essay conclude Carl Schmitt’s viewpoint of ocean order through careful analysis of the inner logic and discourse context of the sea power, why Schmitt differentiated state’ sovereign from freedom of the seas under the European Christian international law, and how. Consequently, this essay also points out Schmitt’s insight and biases. Furthermore, the author reflects whether there are dual legal resources for the law of the seas, i.e., interests of sea power and natural rights. In the end, the author points out it becoming our biggest challenge to preserve freedom of the sea, protect safety of the seas and avoid the tragedy of commons where the density of human use and exploitation capacity has been significantly increased.

Note: Downloadable document is in Chinese.

Keywords: Freedom of the seas, Sovereign, Carl Schmitt, Sea power

Suggested Citation

Zheng, Zhihua, On Carl Schmitt's Theory of Ocean Regime (May 12, 2011). Available at SSRN: https://ssrn.com/abstract=2199761 or http://dx.doi.org/10.2139/ssrn.2199761

Zhihua Zheng (Contact Author)

Shanghai Jiao Tong University ( email )

1954 Huashan road
Shanghai, Shanghai 200030
China

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