Power, Law and the End of Privateering


Book Description

This book offers an exciting new take on the relationship between law and power. The 1856 Declaration of Paris marks the precise moment when international law became universal, and was an aggressive and successful British move to end privateering forever – then the United States' main weapon in case of war with Britain.







An Essay on Privateers, Captures, and Particularly on Recaptures


Book Description

Martens, [Georg Friedrich von]. An Essay on Privateers, Captures, and Particularly on Recaptures, According to the Laws, Treaties, and Usages of the Maritime Powers of Europe. To Which is Subjoined, A Discourse, In Which the Rights and Duties of Neutral Powers are Briefly Stated. Translated From the French, With Notes by Thomas Hartwell Horne. London: Printed for E. and R. Brooke, and J. Rider, 1801. xx, 240, [4] pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-401-0. Cloth. $95. * Reprint of the first English edition. The Discourse is an extract from the author's Summary of the Modern Law of the Nations of Europe (1789). Martens [1756-1821] was a German diplomat and jurist who published several important treatises on international law. Like Bynkershoeck and Moser, Martens rejected the idea that international law derived from God or nature. Instead, it is an acquired behavior practiced by civilized states. This perspective informs his Essay on Privateers, which was one of the first books on the subject. A model of rational organization, it reduces its subject to a system grounded in a set of clear principles.




International Norm Disputes


Book Description

International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the International Criminal Court, and the moratorium on commercial whaling. It also includes two historical case studies - privateering and the transatlantic slave trade. This scholarly volume provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors clearly demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.




In the Name of the Battle against Piracy


Book Description

In the Name of the Battle against Piracy discusses antipiracy campaigns in Europe and Asia in the 16th-19th centuries. Nine contributors argue how important antipiracy campaigns were for the establishment of a (colonial) state, because piracy was a threat not only to maritime commerce, but also to its sovereignty. 'Battle against piracy' offered a good reason for a state to claim its authority as the sole protector of people, and to establish peace, order, and sovereignty. In fact, as the contributors explain, the story was not that simple, because states sometimes attempted to make economic and political use of piracy, while private interests were strongly involved in antipiracy politics. State formation processes were not clearly separated from non-state elements. Contributors are: Kudo Akihito, Satsuma Shinsuke, Suzuki Hideaki, Lakshmi Sabramanian, Ota Atsushi, James Francis Warren, Fujita Tatsuo, Murakami Ei, and Toyooka Yasufumi.




Rogue Revolutionaries


Book Description

In 1822, the Mary departed Philadelphia and sailed in the direction of the Spanish colony of Puerto Rico. Like most vessels that navigated the Caribbean, the Mary brought together men who had served under a dozen different flags over the years. Unlike most crews, those aboard the Mary were in a different line of commerce: they exported revolution. In addition to rifles and pistols, the Mary transported a box filled with proclamations announcing the creation of the "Republic of Boricua." This imagined republic rested on one principle: equal rights for all, regardless of birthplace, race, or religion. The leaders of the expedition had never set foot in Puerto Rico. And they never would. When we think of the Age of Revolutions, George Washington, Robespierre, Toussaint Louverture, or Simón Bolívar might come to mind. But Rogue Revolutionaries recovers the interconnected stories of now-forgotten "foreigners of desperate fortune" who dreamt of overthrowing colonial monarchy and creating their own countries. They were not members of the political and economic elite; rather, they were ship captains, military veterans, and enslaved soldiers. As a history of ideas and geopolitics grounded in the narratives of extraordinary lives, Rogue Revolutionaries shows how these men of different nationalities and ethnicities claimed revolution as a universal right and reimagined notions of sovereignty, liberty, and decolonization. In the midst of wars and upheavals, the question of who had the legitimacy to launch a revolution and to start a new country was open to debate. Behind the growing power of nation-states, Mongey uncovers a lost world of radical cosmopolitanism grounded in the pursuit of material interests and personal prestige. In demonstrating that these would-be revolutionaries and their fleeting republics were critical to the creation of a new international order, Mongey reminds us of the importance of attending to failures, dead ends, and the unpredictable nature of history.




Economic Warfare and the Sea


Book Description

EconomicWarfare and the Sea examines the relationship between trade, maritimewarfare, and strategic thought between the early modern period and thelate-twentieth century. Using a variety of geographic and chronologicalexamples, it presents a longue duree approach to a crucial theme in maritimestrategic thought.




A Century of Anarchy?


Book Description

In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Simon challenges the German Sonderweg understanding of the nineteenth century and deconstructs the myth of the 'free right to go to war', drawing on political and normative discourses to outline a genealogy of modern war justifications.




War, States, and International Order


Book Description

Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.




Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 18561914


Book Description

Gabriela A. Frei addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. This study explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. Frei offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. Great Britain as the predominant sea power as well as the world's largest carrier of goods had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the volume examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain's neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at the Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain's legal position.