"Commissioned in October 1604 by the United Dutch East India Company, Hugo Grotius's Commentary on the Law of Prize and Booty was intended to justify the Dutch capture in 1603 of a wealthy Portuguese merchantman, the Santa Catarina, in the Strait of Singapore. In a clever and intricate defense of international free trade, Grotius (1583-1645) introduced the notion of a man as a sovereign and free individual with a right to self-defense and, by extension, the right of a company of private merchants to establish a trade empire."--Jacket.
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.
This book is a fundamental reassessment of the nature and impact of legal humanism on the development of law in Europe. It brings together the foremost international experts in related fields such as legal and intellectual history to debate central issues
This book examines the status of private actors as subjects of law under the rules of the international law of the sea. Providing a methodology for the notion of a single legal personality, it provides a clear understanding of membership in international law in order to establish to what extent private actors can be rights-holders or duty-bearers. It does this by taking a theoretical perspective which allows the reader to interpret their relevance in international law. This unique and innovative work makes a significant contribution to the current scholarly debates on private actors in international law.
As our society becomes more global, international law is taking on an increasingly significant role, not only in world politics but also in the affairs of a striking array of individuals, enterprises, and institutions. In this comprehensive study, David J. Bederman focuses on international law as a current, practical means of regulating and influencing international behavior. He shows it to be a system unique in its nature—nonterritorial but secular, cosmopolitan, and traditional. Part intellectual history and part contemporary review, The Spirit of International Law ranges across the series of cyclical processes and dialectics in international law over the past five centuries to assess its current prospects as a viable legal system. After addressing philosophical concerns about authority and obligation in international law, Bederman considers the sources and methods of international lawmaking. Topics include key legal actors in the international system, the permissible scope of international legal regulation (what Bederman calls the "subjects and objects" of the discipline), the primitive character of international law and its ability to remain coherent, and the essential values of international legal order (and possible tensions among those values). Bederman then measures the extent to which the rules of international law are formal or pragmatic, conservative or progressive, and ignored or enforced. Finally, he reflects on whether cynicism or enthusiasm is the proper attitude to govern our thoughts on international law. Throughout his study, Bederman highlights some of the canonical documents of international law: those arising from famous cases (decisions by both international and domestic tribunals), significant treaties, important diplomatic correspondence, and serious international incidents. Distilling the essence of international law, this volume is a lively, broad, thematic summation of its structure, characteristics, and main features.
The Singapore and Melaka Straits are a place where regional and long-distance maritime trading networks converge, linking Europe, the Mediterranean, eastern Africa, the Arabian Peninsula and the Indian subcontinent with key centres of trade in Thailand, Indochina, insular Southeast Asia, China, Korea and Japan. The first half of the 17th century brought heightened political, commercial and diplomatic activity to this region. It had long been clear to both the Portuguese and the Dutch that whoever controlled the waters off modern Singapore gained a firm grip on regional as well as long-distance intra-Asian trade. By the early 1600s Portuguese power and prestige were waning and the arrival of the Dutch East India Company constituted a major threat. Moreover, the rapid expansion and growing power of the Acehnese Empire, and rivalry between Johor and Aceh, was creating a new context for European trade in Asia.
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.
