Commentary on the Law of Prize and Booty
Commentary on the Law of Prize and Booty

Author: Hugo Grotius

Publisher:

Published: 1950

Total Pages: 632

ISBN-13: 9780865974746

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The history of "Commentary on the Law of Prize and Booty "is complex. When Grotiuss personal papers were auctioned in The Hague in 1864, Dutch scholars discovered that his famous Mare Liberum was just one chapter in a manuscript of 163 folios, written in justification of Jacob van Heemskercks capture of the Santa Catarina, a Portuguese merchantman, in the Straits of Singapore in February 1603. A prominent Dutch historian of the nineteenth century, Robert Fruin, persuaded the classical scholar H. G. Hamaker to transcribe and publish it, and the Latin text was issued in 1868. This Liberty Fund edition is based on the one prepared by Gwladys L. Williams and Walter H. Zeydel for the Carnegie Endowment for International Peace. It combines a revised text and new material, making it a highly attractive edition of a work that is difficult to obtain.

Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae
Property, Piracy and Punishment: Hugo Grotius on War and Booty in De iure praedae

Author:

Publisher: BRILL

Published: 2009-03-25

Total Pages: 427

ISBN-13: 9047428587

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In 1604-1605 Hugo Grotius wrote De iure praedae, a commentary on the law of booty and prize and a first step towards the Law of War and Peace of twenty years later. Not published in his own times, rediscovered in 1864, and subsequently published, it has been over-interpreted and under-studied. The sixteen essays in this volume discuss De iure praedae, its intellectual sources, personal and political circumstances and over-all consequences, exploring how Grotius as a humanist, theologian, jurist and politician proceeded in this his first exercise in the theory of natural law and rights. The essays are written by an international and interdisciplinary team of specialists, based on papers delivered at a conference at NIAS in Wassenaar in 2005. Originally published as Volumes 26 (2005), 27 (2006) and 28 (2007) of Brill's journal Grotiana.

Determining Boundaries in a Conflicted World
Determining Boundaries in a Conflicted World

Author: Suzanne Lalonde

Publisher: McGill-Queen's Press - MQUP

Published: 2002

Total Pages: 370

ISBN-13: 9780773524248

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In 1992, when Yugoslavia was on the point of disintegration, the Badinter Commission recommended that the issue of its boundaries be resolved according to the principle of uti possidetis: the internal boundaries dividing the former Yugoslav Republics should automatically become the international boundaries of the new states. Elated by what seemed a clear and workable solution to an impossible problem, the international community proceeded to impose the "binding" principle of uti possidetis on all the parties involved. Relying on the Badinter interpretation of uti possidetis, five experts in international law have assured the Quebec government that in the event of separation from Canada, Quebec could assume legal entitlement under international law of its existing boundaries. In Determining Boundaries in a Conflicted World Suzanne Lalonde examines the origins of the uti possidetis principle, its evolution and colonial roots as well as more recent applications, to determine whether it merits the overriding importance now attributed to it.

The Savage Republic
The Savage Republic

Author: Eric Michael Wilson

Publisher: BRILL

Published: 2008

Total Pages: 549

ISBN-13: 9004167889

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Intended for the professional academic and graduate student, this book is the first to utilize the methodology of a oeNew Streama legal scholarship in an extended critical a oeexegesisa of Hugo Grotiusa (TM) "De Indis" (c.1604-6). "De Indis" is predicated upon a two-fold discursive strategy: (i) investing a oeprivatea Trading Companies with a oepublica international legal personality, and (ii) collapsing the distinction between a oeprivatea and a oepublica warfare. Governing the operation of textual interpretation is "De Indis"a (TM) status as a republican treatise juridically legitimating an early modern Trans-National corporation (the VOC) that served as an agent of a a oeprimitivea system of global governance, the early Capitalist World-Economy. The application of New Stream scholarship reveals that the republican signature of "De Indis" consists of a discursive a oemicro-oscillationa between the a oethicka ontology of Late Scholasticism (a oeUtopiaa ) and the a oethina ontology of Civic Humanism (a oeApologya ) wholly appropriate to the governance requirements of the embryonic Modern World-System.

The Free Sea
The Free Sea

Author: Hugo Grotius

Publisher: Natural Law and Enlightenment

Published: 2004

Total Pages: 184

ISBN-13:

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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.

A Search for Sovereignty
A Search for Sovereignty

Author: Lauren Benton

Publisher: Cambridge University Press

Published: 2009-11-30

Total Pages: 357

ISBN-13: 1107782716

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A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.

Kant and the End of War
Kant and the End of War

Author: Howard Williams

Publisher: Springer

Published: 2012-01-06

Total Pages: 223

ISBN-13: 023036022X

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The paperback edition (published in 2016) includes a new preface with a discussion of recent examples. Kant stands almost unchallenged as one of the major thinkers of the European Enlightenment. This book brings the ideas of his critical philosophy to bear on one of the leading political and legal questions of our age: under what circumstances, if any, is recourse to war legally and morally justifiable? This issue was strikingly brought to the fore by the 2003 war in Iraq. The book critiques the tradition of just war thinking and suggests how international law and international relations can be viewed from an alternative perspective that aims at a more pacific system of states. Instead of seeing the theory of just war as providing a stabilizing context within which international politics can be carried out, Williams argues that the theory contributes to the current unstable international condition. The just war tradition is not the silver lining in a generally dark horizon but rather an integral feature of the dark horizon of current world politics. Kant was one of the first and most profound thinkers to moot this understanding of just war reasoning and his work remains a crucial starting point for a critical theory of war today.