The Ocean Constitution

Abstract

As national claims to ocean space proliferated, diplomats tried to set new rules for the oceans. The idea of the oceans as humanity’s “common heritage” gained support as an alternative to freedom of the seas. The negotiations featured divisions between the leading maritime powers, who were most concerned about preserving open access to the oceans, and many coastal countries more concerned with protecting regional waters. The diplomats eventually crafted an elaborate compromise that expanded the territorial sea to 12 miles and created a large new economic zone within which coastal states would have the right to regulate marine resources. A host of other provisions dealt with questions including passage through international straits, regulation of ice-covered areas, and the ocean rights of archipelagic countries. The United States, the leading maritime power, ultimately turned against the agreement, primarily because of concerns about how the treaty would regulate seabed mining.