The Rule of Law at Sea

Abstract

Can there be rule of law at sea? In extending the traditionally terrene ideal seaward, there is a range of conceptual difficulties. These difficulties are outlined, and a recurring thought pattern is set out that is found in the traditions of thought about the rule of law as protecting members of a community from the abuse of power. Drawing on Jeremy Bentham's scattered remarks about maritime governance, three assumptions underlying this thought pattern, regarding territoriality, community, and protective function, are identified as requiring modification in the maritime context. Challenges persist in enforcing maritime law at sea, owing to the unique marine environment. Achievement of the rule of law at sea is possible but reflects a number of limitations as compared to its terrene counterpart, limitations related to these three traditional assumptions.

Keywords: jurisprudence, maritime law, law of the sea, legal theory, Bentham, maritime security, philosophy of law