IL MARE BENE DI TUTTI: UNIVERSALITÀ DEL SUO USO
THE SEA AS A COMMON GOOD: UNIVERSALITY OF ITS USE

Summary/Abstract: The Romans were convinced that the sea, just like the water they drank and the air they inhaled, belonged to the category of "res communes omnium", common property of the whole mankind. Thus, there was no order and no norm that could deny these common goods because they are based on ius naturale (intrinsic to the entire cosmos) and have autonomous legal significance (because they pertain to all human beings and their organizations); by their very nature, they are intended for everyone (citizens or non-citizens alike) and they do not exlusively belong to any single individual. On these grounds, principles and rules were developed to ensure the common access and use of the sea and coastline. Starting from these principles and rules, the paper aims to outline some issues pertaining to this problem, which further points to the need to ensure the protection of the Mediterranean Sea through institutions ensuring an easy and fast access of every person to this common natural asset, even beyond the framework of the national or European law.

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