On Carl Schmitt's Theory of Ocean Regime

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