From Mare Liberum to Mare Reservarum: Canada's Opportunity for Global Leadership in Ocean Resource Governance

Abstract

This paper describes how, in the early 17th century, Hugo Grotius, traditionally perceived as one of the fathers of international law, popularized the princ tiple of “mare liberum” or freedom of the seas. Historically, the primary focus of this and other Law of the Sea concepts was ocean navigation and freedom of marine trade routes, with fisheries being of secondary importance. Nevertheless, this notion of “freedom,” invoked by both States as well as individuals, continues to underlie many of the concepts, such as “open access,” that form the core of contemporary international maritime law; and it is this concept that has dominated society’s approach to the rapidly growing human use of the ocean. This paper argues that it is the fundamental concept, in junction with market-based economics now enshrined in our mentality as well as management and legal frameworks, that has led to resource over-exploitation, and, inherently, carries little incentive to conserve resources for use by future generations. The chapter summarizes two of the most promising solutions being offered to the change the way marines resources are being used in order to eventually achieve sustainability, which presently does not exist. Then the paper proposes that society should undertake a fundamental change in the perspective and framework of ocean use, through the revision of the international framework of ocean governance. The paper suggests that Canada is ideally placed to take a global leadership position on this issue, and it proposes major steps for Canada to take in such a direction, both nationally and internationally. Canada has a window opportunity to become a global leader, and can achieve a turnaround in its global significance, despite having lost much of its international standing in recent years.