Legal Definitions - mare

The terms mare clausum and mare liberum are historical Latin phrases that describe different legal concepts related to the control and access of the sea.

mare

Historically, mare is a Latin term simply meaning "the sea." While not a legal term in modern usage, it forms the root of the more specific legal concepts below.

• Example 1: In ancient Roman texts, historians might refer to the Mediterranean Sea as "mare Nostrum" (our sea), reflecting Rome's dominance over the region.
  Explanation: This illustrates the basic, historical use of "mare" to denote a specific body of water.
• Example 2: Medieval maps might label the North Sea as "mare Germanicum."
  Explanation: Here, "mare" is used as a geographical descriptor for a large body of water, consistent with its historical meaning.

mare clausum

Mare clausum translates from Latin as "closed sea." In legal terms, it refers to a sea or other body of navigable water that is under the exclusive jurisdiction of a particular nation, meaning it is closed or restricted to other nations without explicit permission.

• Example 1: During a period of heightened national security, a country might declare a specific strait or bay within its territorial waters as a temporary mare clausum, prohibiting all foreign vessels from entering for a defined period due to military exercises.
  Explanation: This demonstrates a nation asserting exclusive control over a body of water, effectively closing it to others.
• Example 2: Historically, a powerful empire might have claimed vast stretches of ocean adjacent to its colonies as mare clausum, attempting to monopolize trade routes and exclude rival European powers from navigating or fishing in those areas.
  Explanation: This illustrates a historical attempt by a nation to assert exclusive sovereignty over a large maritime area, restricting access for others.
• Example 3: A nation might establish a highly protected marine reserve in a coastal sea area, designating it as a mare clausum for all foreign fishing fleets to prevent overfishing and protect endangered species.
  Explanation: This shows a nation exercising its jurisdiction to close a specific sea area to certain foreign activities, even if for environmental protection.

mare liberum

Mare liberum translates from Latin as "free sea." It refers to a sea or other body of navigable water that is open to all nations for navigation, trade, and other lawful uses. It also embodies the broader principle of "freedom of the seas," which asserts that no nation can claim exclusive sovereignty over the high seas.

• Example 1: Commercial cargo ships from various countries freely navigate the international shipping lanes of the Atlantic Ocean, transporting goods between continents without needing permission from any single nation.
  Explanation: This exemplifies mare liberum, as the high seas are open for navigation by all nations, promoting global trade.
• Example 2: A scientific research vessel from Japan conducts oceanographic studies in the middle of the Pacific Ocean, far from any national coastline, without requiring special authorization from other governments.
  Explanation: This illustrates the principle of mare liberum, where scientific research is a permitted activity in international waters, accessible to all.
• Example 3: The right of all nations to lay submarine telecommunications cables across the seabed of the high seas, connecting continents, is a practical application of the principle of mare liberum.
  Explanation: This demonstrates how the concept of a "free sea" extends beyond just surface navigation to include other uses of the international seabed for global connectivity.