THE SEA AND WORLD ORDER: THE SEARCH FOR CONSENSUS

The attempt to attain an international consensus on law of the sea is a recent phenomenon. Throughout history, power politics has determined law of the sea. Although still a major influence, it is no longer the primary factor. In the past, states claimed as much of the seas as they could. When Britain became the major power, it enforced a three-mile territorial sea with freedom of fishing and navigation in the rest of the oceans. British power--not general international agreement--maintained this legal regime.; Following the World Wars and subsequent changes in the power structure, no one state was able to determine and enforce law of the sea. Instead, states unilaterally claimed jurisdiction over the sea. As claims proliferated, instability increased. States sought a stable legal regime for economic exploitation and military use of the oceans.; The United Nations Conference on the Law of the Sea III (UNCLOS III) convened not only to codify law of the sea but to create new laws based upon an equitable and rational system. The Conference, reflecting democratization of international relations, attempted to reach consensus of all states on all related issues. Although it succeeded in writing a Treaty based upon a moral vision of state equality, the United States rejected this endeavor. In so doing, it attempted to re-establish the primacy of power politics in the determination of law of the sea. Despite the re-emergence of power politics, the attempt by UNCLOS III to write a constitution for the seas based upon consensus is significant and will undoubtedly have far-reaching implications on law of the sea and international relations.; This dissertation examines the search for consensus in international sea policy in UNCLOS III. The Conference's historical antecendents are outlined and important developmental trends are emphasized. Shifts in a state's international sea policy are seen as part of the total world situation and as a function of the change in the state's power relative to that of others. An analysis of the important law of the sea issues is used to describe the thematic configuration and the underlying principles.