The Baltic Sea: Mare Clausum or Mare Liberum?

Abstract

The article analyzes the legal and political standing of the Soviet juridical theory of mare clausum as applied to the Baltic Sea. Soviet juridical views regarding the Baltic Sea as a closed sea and the Baltic Straits as closed straits appear to be built on three foundations: the argument of security for the Soviet Union and other Baltic littoral states; Soviet juridical theorizing on the doctrine of mare clausum; and the Soviet in terpretation of the history of international agreements regarding the Baltic Straits. All three arguments are valid from the Soviet point of view; but, equally, all three argu ments are invalid from the Western point of view. After an initial presentation of the Soviet position, the article analyzes the doctrine of mare clausum in Western legal literature and refutes the Soviet historical interpretation of Baltic Straits agreements. Discrepancies between the Soviet juristic arguments and Soviet actions of the past fifty years lead to the conclusion that Soviet policies relating to the Baltic Sea are oriented towards twin objectives: to secure full freedom of navigation for Soviet and allied ships; and, to extend its control over the Baltic Sea.