Maritime Law

For centuries, oceans were the chessboard on which empires battled for supremacy. But in the nuclear age, air power and missile systems dominated our worries about security, and for the United States, the economy was largely driven by domestic production, with trucking and railways that crisscrossed the continent serving as the primary modes of commercial transit.

In the great wars of modern history, maritime powers have always prevailed over land-based empires, whether Habsburg, Napoleonic, Nazi, or Soviet. In contrast to the rigid hierarchies and centralization of land-based empires, those nations attaining mastery at sea have been distinguished by liberty, flexibility, and enterprise. The 17th-century Dutch were the first to achieve naval and trading dominance.

On January 28, 1742, a ramshackle vessel of patched-together wood and cloth washed up on the coast of Brazil. Inside were thirty emaciated men, barely alive, and they had an extraordinary tale to tell. They were survivors of His Majesty’s Ship the Wager, a British vessel that had left England in 1740 on a secret mission during an imperial war with Spain. While the Wager had been chasing a Spanish treasure-filled galleon known as “the prize of all the oceans,” it had wrecked on a desolate island off the coast of Patagonia.

In the late 1990s, Patrick O’Brian’s beloved, massively bestselling historical novel series was destined for film. With director Peter Weir and stars Russell Crowe and Paul Bettany signed on for Master and Commander: The Far Side of the World, there was only one problem: The Rose, the replica eighteenth-century warship that filmmakers bought for the production, was in Newport, Rhode Island, two oceans and thousands of miles away from Hollywood. Enter a ragtag crew of thirty oddballs and tall-ship fanatics, including author Will Sofrin.

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.

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.

Nelson Simon didn’t want to sign up as a last-minute crew member to transport a Norwegian schooner from Brooklyn to Bermuda. But one thing led to another, and there he was. He told himself that it would be a sort of pleasure cruise: a week in the Gulf Stream with a gourmet chef on board, some down time on a tropical island, then a quick flight home. What did it matter that he had practically no sailing experience? The eight other crew members had plenty - they just needed an extra pair of hands. What could possibly go wrong?