Mare Liberum


Book Description

"Mare Liberum" is a book (originally written in Latin) on international law written by the Dutch jurist and philosopher Hugo Grotius. In Mare Liberum, Grotius formulated the new principle that the sea was international territory and all nations were free to use it for seafaring trade. The disputation was directed towards the Portuguese Mare Clausum policy and their claim of monopoly on the East Indian Trade. Grotius wrote the treatise while counsel to the Dutch East India Company over the seizure of the Portuguese carrack "Santa Catarina".Hugo Grotius (10 April 1583 – 28 August 1645), was a jurist in the Dutch Republic. With Francisco de Vitoria and Alberico Gentili he laid the foundations for international law, based on natural law. He was also a philosopher, theologian, Christian apologist, playwright, and poet.




The Free Sea


Book Description

The freedom of the seas -- meaning both the oceans of the world and coastal waters -- has been among the most contentious issues in international law for the past four hundred years. The most influential argument in favour of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 'Mare Liberum'. "The Free Sea" was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, "De Jure Praedae" ('On the Law of Prize and Booty'), which Grotius had written to defend the Dutch East India Company's capture in 1603 of a rich Portuguese merchant ship in the Straits of Singapore. This new edition publishes the only translation of Grotius's masterpiece undertaken in his own lifetime -- a work left in manuscript by the English historian and promoter of overseas exploration Richard Hakluyt (1552-1616). This volume also contains William Welwod's critque of Grotius (reprinted for the first time since the seventeenth century) and Grotius's reply to Welwod. Taken together, these documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law. -- Back cover.




Mare liberum


Book Description




The Freedom of the Seas


Book Description

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.










Modern Law of the Sea


Book Description

These collected essays examine different aspects of the modern law of the sea. They address many key provisions in the United Convention on the Law of the Sea, including its historical development, the substantive rules governing navigation, resources, the regime of the high seas, maritime jurisdiction, the protection of the marine environment and the delimitation of maritime boundaries, as well as the settlement of disputes. The essays also review the Implementation Agreement of 1994 concerning deep seabed mining and the Implementation Agreement of 1995 concerning Straddling and Highly Migratory Fish Stocks. The author presents purely personal views on many negotiations and cases in which he participated. The essays, written between 1988 and 2006, will be of interest to everyone involved in the law of the sea. Davis Anderson is a former legal adviser to the Foreign and Commonwealth Office (1960-1996) and judge of the International Tribunal for the Law of the Sea (1996-2005).




The Interception of Vessels on the High Seas


Book Description

The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.




Cries of the Sea


Book Description

A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources `the common heritage of mankind'. The author suggests that the terms `common', `heritage', and `humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of `the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.




The Sea in History


Book Description

How important has the sea been in the development of human history? Very important indeed is the conclusion of this ground-breaking four volume work. The books bring together the world's leading maritime historians, who address the question of what difference the sea has made in relation to around 250 situations ranging from the earliest times to the present. They consider, across the entire world, subjects related to human migration, trade, economic development, warfare, the building of political units including states and empires, the dissemination of ideas, culture and religion, and much more, showing how the sea was crucial to all these aspects of human development. The Sea in History - The Early Modern World covers the period from around the end of the fifteenth century up to the conclusion of the Napoleonic Wars in 1815. It examines the establishment and growth of 'the Atlantic World', but also considers maritime developments in the Indian Ocean, Southeast and East Asia and Africa, and highlights the continuing importance of the North Sea and the Baltic. A very wide range of maritime subjects is explored including trade, which went through a huge global expansion in this period; fishing; shipping, shipbuilding, navigation and ports; the role of the sea in the dissemination of religious ideas; the nature of life for sailors in different places and periods; and the impact of trade in particularly important commodities, including wine, slaves, sugar and tobacco. One particularly interesting chapter is on the Hanse, the important maritime commercial 'empire' based in north Germany, which extended much more widely than is often realised and whose significance and huge impact have often been overlooked. 33 of the contributions are in English; 42 are in French. CHRISTIAN BUCHET is Professor of Maritime History, Catholic University of Paris, Scientific Director of Océanides and a member of l'Académie de marine. GÉRARD LE BOUDEC is Emeritus Professor of the University of South Brittany.