Laraib Ali
Boat making, from Egyptians to modern shipbuilding, is not just a story of technological evolution.
From reed boats on the Nile to ships navigating high seas and modern ports, maritime transportation and trade have shaped international law and the laws of the seas. This evolution did not occur in decades but over centuries, as law was written and modernized to govern all oceanic activities. Boats and ships have been units of trade, commerce, cultural and religious exchange, communication and law. Consequently, maritime activities drove the evolution of ocean governance, from fishing rights to deep-sea mining and from piracy to navigation.
Maritime law traces back to the Code of Hammurabi (c. 1754 BC) and the Rhodian Sea Law. Hammurabi’s provisions focused on maritime trade, cargo and contracts, while Rhodian Sea Law defined commerce across the Mediterranean during the 7th and 8th centuries. In the Middle Ages, ports articulated their own rules, including the Amalfian Laws in Italy and the Rolls of Oléron in Northern Europe.
Hugo Grotius made a landmark contribution in the 17th century with the concept of Mare Liberum—“The Free Sea.” He argued that oceans belong to no single power, countering the idea of Mare Clausum—“closed sea.” This principle laid the foundation for modern navigation laws, establishing that high seas are free for navigation and exploitation.
The 19th century marked the formalization of international maritime law, with the Paris Declaration Respecting Maritime Law of 1856 and the Copenhagen Convention of 1857 set-ting uniform rules for navigation, conduct in war and free passage through strategic sea routes. The World Wars further shaped maritime regulations through the Hague Conventions, establishing standards for naval conduct and reinforcing state agreements for ocean governance.
The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 and effective from 1994, codifies these laws. Its provisions cover territorial seas, contiguous zones, exclusive economic zones (EEZs), continental shelf rights, archipelagic waters and navigational rights. Today, 170 states are parties to UNCLOS, which guides boundaries, jurisdictions, resource rights, exploitation and dispute resolution.
Maritime law has expanded through conventions like the International Convention on Maritime Search and Rescue (SAR), SOLAS rules on ship safety, pollution controls and labour at sea. Contemporary concerns now extend beyond navigation to human rights and environ-mental protection. Geopolitical rivalries, such as in the South China Sea and crises like the Mediterranean migrant issue, test UNCLOS and humanitarian laws daily. New challenges include environmental degradation, deep-sea mining claims and unmanned vessels.
The last frontier of the oceans lies not only in unexplored waters but in establishing standards in an era of climate change and robotic technology. From Hammurabi’s merchants to modern disputes within flag states, the history of maritime law reflects humanity’s continuous effort to bring order to the seas, ensuring equity, security and collaboration. It is a legal canvas on which sailors, jurists, diplomats and states, over thousands of years, have created, contested and revised laws to regulate the infinite blue of the oceans.
From boats to supertankers and cruise ships, all now operate under satellite surveillance, shaping human destinies. The oceans are changing rapidly and human reliance upon them is increasing, making maritime competition and governance more complex. Laws evolve to preserve navigability, security and sustainable use, ensuring that future generations can continue to sail, trade and exploit these waters responsibly.
—The writer is a Research Associate, Maritime Centre of Excellence, Pakistan Navy War College, Lahore.)
