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ABSTRACT
This article examines the role of international law in extending entitlement at sea and undermining the ocean commons. It suggests that entitlement through enclosure and territoriality has been a persistent feature at sea, historically taking different forms, with hard and softer versions of claiming authority and jurisdiction. In our endeavour to conceptualise this problematic, we employ the notion of liquid entitlement to refer to the agility and flexibility of marine zonings, and the ambivalence of jurisdiction which is exacerbated at sea. The article outlines how the legal provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) whilst seeking to bring clarity over state claims have increased marine territoriality and also problematically envisioned and implemented the “Common Heritage of Mankind” principle. Thus, the institutions created to regulate the range of human activity at sea have become legitimators of a plethora of entitlements for its exploitation.
Acknowledgements
Earlier versions of this paper were presented at the Cyprus Political Science Association and European International Studies Association conferences, and the International Relations Workshop in the Department of Social and Political Sciences, University of Cyprus. We would like to thank participants at these events for their questions and comments that helped us sharpen our argument. We would also like to thank two anonymous reviewers for their constructive criticism and recommendations.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
3 The 4th Intergovernmental Conference was planned to be held between 23 March to 3 April 2020, but was postponed over concerns around the situation concerning the coronavirus disease (COVID-19).
Additional information
Notes on contributors
Costas M. Constantinou
Costas M. Constantinou is Professor of International Relations at the University of Cyprus. He has cross-cutting research interests in diplomacy, conflict, international political theory, and legal and normative aspects of international relations.
Maria Hadjimichael
Maria Hadjimichael is a Research Fellow in Political Ecology and Governance of the Commons at the University of Cyprus. Her main research focus explores the way understandings and perceptions around the sea and the coastline have been shifting.