This work sheds light on the evolution of maritime law in the Mediterranean Sea between 800 and the 1050s, a period in maritime legal history whose gaps contemporary scholars have not attempted to bridge. It may allow scholars a better appreciation of the contribution which Islamic jurisprudence made to the development and internationalization of the law of the sea.
This book traces the evolution of transnational legal authority in the course of globalization. Representative case studies buttress its conclusion that today transnational authority is multifaceted, a phenomenon that renders unreliable the concepts of territoriality/extraterritoriality as global governance markers.
Dedicated to their teacher, Abraham L. Udovitch, his students offer in this volume a chronologically, geographically and thematically wide range of papers united by an emphasis on a close reading of primary sources and the juxtaposition of different genres of narratives.
The 1570s marked the beginning of an age of pervasive piracy in the Mediterranean that persisted into the eighteenth century. Nowhere was more inviting to pirates than the Ottoman-dominated eastern Mediterranean. In this bustling maritime ecosystem, weak imperial defenses and permissive politics made piracy possible, while robust trade made it profitable. By 1700, the limits of the Ottoman Mediterranean were defined not by Ottoman territorial sovereignty or naval supremacy, but by the reach of imperial law, which had been indelibly shaped by the challenge of piracy. Piracy and Law in the Ottoman Mediterranean is the first book to examine Mediterranean piracy from the Ottoman perspective, focusing on the administrators and diplomats, jurists and victims who had to contend most with maritime violence. Pirates churned up a sea of paper in their wake: letters, petitions, court documents, legal opinions, ambassadorial reports, travel accounts, captivity narratives, and vast numbers of decrees attest to their impact on lives and livelihoods. Joshua M. White plumbs the depths of these uncharted, frequently uncatalogued waters, revealing how piracy shaped both the Ottoman legal space and the contours of the Mediterranean world.
Studies of the pivotal historic place of the Mediterranean have long been dominated by specialists of its northern shores, that is, by European historians. The seven leading authors in this groundbreaking volume challenge views of Mediterranean space as shaped by European trajectories, and in doing so, they challenge our comfortable notions. Drawing perspectives from the Mediterranean’s eastern and southern shores, they ask anew: What is the Mediterranean? What are its borders, its defining characteristics? What forces of nature, politics, culture, or economics have made the Mediterranean, and how long have they or will they endure? Covering the sixteenth century to the twentieth, this timely volume brings the early modern world into conversation with the modern world in new ways, demonstrating that only recently can we differentiate the north and south into separate cultural and political zones. The Making of the Modern Mediterranean: Views from the South offers a blueprint for a new generation of readers to rethink the world we thought we knew.
This open access book explores the history of risk management in medieval and early modern European maritime business, focusing particularly on 'General Average' – a mechanism by which extraordinary expenses regarding ship or cargo, incurred during a voyage to save the venture, are shared between all participants to protect equity. This volume traces the history of this risk management tool from its origins in the pre-Roman Mediterranean through to its use in the shipping sector today. Contributions range from the Islamic Mediterranean to the Low Countries, and taken together, provide a wide-ranging analysis of social, cultural, and political aspects of pre-modern maritime commerce in Europe.
Was there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700–1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.
A vibrant exploration of past and present controversies surrounding control of the world's oceans. In 1609, the Dutch lawyer Hugo Grotius rejected the idea that even powerful rulers could own the oceans. "A ship sailing through the sea," he wrote, "leaves behind it no more legal right than it does a track." A philosophical and legal battle ensued, but Grotius's view ultimately prevailed. To this day, "freedom of the seas" remains an important legal principle and a powerful rhetorical tool. Yet in recent decades, freedom of the seas has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas fishing. Today's most dangerous maritime disputes-including China's push for control of the South China Sea-are occurring against the backdrop of major changes in the way the world treats the oceans. As David Bosco shows in The Poseidon Project, the history of humanity's attempt to create rules for the oceans is alive and relevant. Tracing the roots of the law of the sea and the background to current maritime disputes, he shows that building effective ocean rules while preserving maritime freedoms remains a daunting task. Bosco analyzes how fragile international institutions and determined activists are struggling for relevance in a world still dominated by national governments. As maritime tensions develop, The Poseidon Project will serve as an essential guide to the continuing challenge of ocean governance.
The Routledge Handbook of Maritime Trade around Europe 1300-1600 explores the links between maritime trading networks around Europe, from the Mediterranean and the Atlantic to the North and Baltic Seas. Maritime trade routes connected diverse geographical and cultural spheres, contributing to a more integrated Europe in both cultural and material terms. This volume explores networks’ economic functions alongside their intercultural exchanges, contacts and practical arrangements in ports on the European coasts. The collection takes as its central question how shippers and merchants were able to connect regional and interregional trade circuits around and beyond Europe in the late medieval period. It is divided into four parts, with chapters in Part I looking across broad themes such as ships and sailing routes, maritime law, financial linkages and linguistic exchanges. In the following parts - divided into the Mediterranean, the Baltic Sea, and the Atlantic and North Seas - contributors present case studies addressing themes including conflict resolution, relations between different types of main ports and their hinterland, the local institutional arrangements supporting maritime trade, and the advantages and challenges of locations around the continent. The volume concludes with a summary that points to the extraterritorial character of trading systems during this fascinating period of expansion. Drawing together an international team of contributors, The Routledge Handbook of Maritime Trade around Europe is a vital contribution to the study of maritime history and the history of trade. It is essential reading for students and scholars in these fields.
