Mare Liberum
Mare Liberum

Author: Hugo Grotius

Publisher: CreateSpace

Published: 2012-09-01

Total Pages: 82

ISBN-13: 9781479277568

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"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.

Hugo Grotius Mare Liberum 1609-2009
Hugo Grotius Mare Liberum 1609-2009

Author: Robert Feenstra

Publisher: BRILL

Published: 2009-12-07

Total Pages: 244

ISBN-13: 904743045X

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The quadricentenary of Hugo Grotius’ Mare liberum (1609-2009) offered the opportunity to publish a reliable critical edition – combined with a revised English translation – of Grotius’ first publication in the field of international law. Starting from a comparison with the autographic manuscript, Robert Feenstra undertook a verification of the text of the first and only authorised edition – in particular of the numerous marginal references – resulting in many corrections and further annotations. In his ‘Editor’s Introduction’, he explains the history of the later editions of the Latin text and the translations of Mare liberum. Jeroen Vervliet’s ‘General Introduction’ aims at providing a better understanding of the circumstances in which Hugo Grotius wrote this work; it elucidates the legal argument used by Grotius, and the reaction of his contemporary opponents.

Hugo Grotius Mare Liberum 1609-2009
Hugo Grotius Mare Liberum 1609-2009

Author: Hugo Grotius

Publisher: BRILL

Published: 2009

Total Pages: 1

ISBN-13: 9004177019

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Critical edition combined with a revised English translation of Hugo Grotius Mare liberum, also providing an insight into the circumstances in which Hugo Grotius wrote this work.

The Interception of Vessels on the High Seas
The Interception of Vessels on the High Seas

Author: Efthymios Papastavridis

Publisher: Bloomsbury Publishing

Published: 2014-08-28

Total Pages: 269

ISBN-13: 1782250859

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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.

Sovereignty and the Limits of International Law
Sovereignty and the Limits of International Law

Author: Todd Berry

Publisher: Taylor & Francis

Published: 2023-11-29

Total Pages: 276

ISBN-13: 100098656X

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The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical – are these areas beyond nation States’ jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigate this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators.

Lawfare
Lawfare

Author: Orde F. Kittrie

Publisher: Oxford University Press

Published: 2016

Total Pages: 505

ISBN-13: 0190263571

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In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.

The Twelve Years Truce (1609)
The Twelve Years Truce (1609)

Author: Randall Lesaffer

Publisher: Brill - Nijhoff

Published: 2014-07-04

Total Pages: 10

ISBN-13: 9789004274914

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The Twelve Years Truce covers the legal history of a crucial text in the formation of the Republic of the Northern Netherlands as a sovereign power and highlights its significance in the formation of the early modern laws of war and peace.

Profit and Principle
Profit and Principle

Author: Martine van Ittersum

Publisher: BRILL

Published: 2006-03-01

Total Pages: 608

ISBN-13: 9047408942

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This monograph is a study of the interaction of politics and political theory in The Netherlands and Asia in the early seventeenth century. Its focal point is the Dutch jurist Hugo Grotius (1583-1645), who developed his rights and contract theories for the benefit of the United Dutch East India Company or VOC. The monograph reconstructs the immediate historical context of his political thought, as conceptualized in his early manuscript De Jure Praedae/On the Law of Prize and Booty and Mare Liberum/The Free Sea (1609). It argues that Grotius’ justification of Dutch interloping in the colonial empires of Spain and Portugal made possible the VOC’s rise to power in the Malay Archipelago, which resulted in the slow, but steady, loss of self-determination on the part of the inhabitants of the Spice Islands.

Piracy and the Origins of Universal Jurisdiction
Piracy and the Origins of Universal Jurisdiction

Author: Mark Chadwick

Publisher: BRILL

Published: 2019-01-03

Total Pages: 290

ISBN-13: 9004390464

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In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.