Maritime Law

Even if we live within sight of the sea, it is easy to forget that our world is an ocean world. The open ocean, that vast expanse of international waters, begins just a few miles out and spreads across three-fourths of the globe. It is a place of storms and danger, both natural and manmade. And at a time when every last patch of land is claimed by one government or another, it is a place that remains radically free.

A documentary drawn from testimony at the Coast Guard’s official inquiry looks anew at one of the most storied, and mysterious, shipwrecks in American history. The sinking of the Edmund Fitzgerald is one of the most famous shipwreck stories in Great Lakes history. It is also one of maritime lore’s great mysteries, the details of its disappearance as obscure now as on that fateful November day in 1975.

Conflicts over specific rules lie at the heart of the disputes, which are about much more than sovereignty over islands and rocks in the South and East China Seas. Instead, the main contests concern the strategic maritime space associated with those islands. To consolidate control over this vital maritime space, China's leaders have begun to implement "China's law of the sea": building domestic legal institutions, bureaucratic organizations, and a naval and maritime law enforcement apparatus to establish China's preferred maritime rules on the water and in the diplomatic arena.

During the 1970s and 1980s, the United States led the world in negotiating one of the most important treaties in history: the United Nations Convention on the Law of the Sea (UNCLOS). Through these negotiations the United States secured the largest area of maritime jurisdiction in the world—an area larger than the continental United States itself—and protected navigational freedom, so critical for Naval mobility. Today UNCLOS is in force for 168 countries and the European Union. Isolationist arguments, however, have for a quarter-century prevented the Senate from voting on the Convention.