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mare clausum
''Mare clausum'' (legal Latin meaning "closed sea") is a term used in international law to mention a sea, ocean or other navigable body of water under the jurisdiction of a state that is closed or not accessible to other states. ''Mare clausum'' is an exception to ''mare liberum'' (Latin for "free sea"), meaning a sea that is open to navigation to ships of all nations.〔Robert McKenna, ("The Dictionary of Nautical Literacy" ), p.225 McGraw-Hill Professional, 2003, ISBN 0-07-141950-0〕〔Gabriel Adeleye, Kofi Acquah-Dadzie, Thomas J. Sienkewicz, James T. McDonough, ("World dictionary of foreign expressions: a resource for readers and writers" ), p.240, Bolchazy-Carducci Publishers, 1999, ISBN 0-86516-423-1〕 In the generally accepted principle of International waters, oceans, seas, and waters outside national jurisdiction are open to navigation by all and referred to as "high seas" or ''mare liberum''. Portugal and Spain defended a ''Mare clausum'' policy during the age of discovery.〔The licensing of vessels by the Portuguese was initiated by Prince Henry the Navigator in 1443, after Prince Pedro granted him the monopoly of navigation, war and trade in the lands south of Cape Bojador. Later this law would be enforced by the Bulls Dum Diversas (1452) and Romanus Pontifex (1455), more buls and treaties followed, the most significant being the Treaty of Tordesillas.〕 This was soon challenged by other European nations.
== History ==
From 30 BC to 117 AD the Roman Empire came to surround the Mediterranean by controlling most of its coasts. Romans started then to name this sea ''mare nostrum'' (Latin for "our sea").〔Tellegen-Couperus, Olga (1993). Short History of Roman Law, p.32. Routledge. ISBN 0-415-07251-4.〕 At those times the period between November and March was considered the most dangerous for navigation, so it was declared ''"mare clausum"'' (closed sea), although bans on navigation were probably never enforced.〔Conrad Gempf, ("The Book of Acts in Its Graeco-Roman Setting" ), p.23, Volume 2, Wm. B. Eerdmans Publishing, 1994, ISBN 0-8028-4847-8〕 In classical law the ocean was not territorial. However since the Middle Ages maritime republics like the Republic of Genoa and the Republic of Venice claimed a "Mare clausum" policy in the Mediterranean. Also Nordic kingdoms and England, required passage rates, monopolies on fishing and blocked foreign ships in their neighboring seas.
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