Finders, Keepers? Grotius and the Acquisition of Property from the Global Commons

This article examines legal debates over the use of natural resources in the public international areas beyond national jurisdiction: Antarctica, the high seas, the deep seabed, and outer space. It does this in light of the writings of Hugo Grotius, examining ways in which the early modern metacolonial encounters may have been functionally similar to those in the present. The article illustrates how the legal principles in De iure belli ac pacis (1625) still resonate with the structure of metacolonial arguments today. At the same time, it observes how closely early modern colonial encounters were connected with the recurrence of war. This should come as a reminder not to underestimate the value of the current multilateral conventions and institutions that govern the global commons.