Disenclosing the Mare Clausum: Critical Spatial Practices on the Sea

Abstract

The essay explores the concept of ‘disenclosure’, a spatial and philosophical idea derived from Jean-Luc Nancy, and its relevance to maritime thought and practice. It contrasts the historical legal frameworks of Mare Liberum (open sea) and Mare Clausum (closed sea), theorised respectively by Hugo Grotius and John Selden. The essay examines contemporary maritime interventions — like Jason deCaires Taylor’s underwater sculptures, Forensic Architecture’s migrant investigations, and Women on Waves’ abortion rights campaigns — that challenge spatial boundaries, reframe oceanic legality, and create spaces of possibility. These acts move beyond the mere metaphoric understanding of space while exemplifying the potential of ‘disenclosure’ to foster critical spatial practices at sea.