The Free Sea

The Free Sea
Author: Hugo Grotius
Publisher: Natural Law and Enlightenment
Total Pages: 184
Release: 2004
Genre: Law
ISBN:

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.

Freedom of the Seas and US Foreign Policy

Freedom of the Seas and US Foreign Policy
Author: Connor Donahue
Publisher: Taylor & Francis
Total Pages: 186
Release: 2024-04-05
Genre: Political Science
ISBN: 1040008704

This book critically analyzes US political-military strategy by arguing that freedom of the seas discourse is fundamentally unfit for an era of maritime great power competition. The work conducts a genealogical intellectual history of freedom of the seas discourse in US foreign policy to show how the concept has evolved over time to facilitate American control over the global ocean space. It concludes that the contemporary discourse works to establish the high seas as an arena free from claims of sovereignty so that the United States, as the presumed unrivaled naval power, can intervene globally on behalf of its national interests. However, since sea control strategies depend on a preponderance of material force, as the United States wanes in relative material capability it becomes less able to support political-military strategies predicated on the assumption of global naval dominance. The book provides a timely commentary on the current geopolitical competition between the United States and China, and critiques the US approach toward China in the maritime domain in order to highlight potential avenues of foreign policy action that may enable the two countries to mitigate the risk of conflict. This book will be of much interest to students of naval history, maritime security, US foreign policy, and international relations.

Routledge Handbook of the Study of the Commons

Routledge Handbook of the Study of the Commons
Author: Blake Hudson
Publisher: Routledge
Total Pages: 465
Release: 2019-01-04
Genre: Law
ISBN: 1351669249

This comprehensive Handbook serves as a unique synthesis and resource for understanding how analytical frameworks developed within the literature assist in understanding the nature and management of commons resources. Such frameworks include those related to Institutional Analysis and Development, Social-Ecological Systems, and Polycentricity, among others. The book aggregates and analyses these frameworks to lay a foundation for exploring how they apply according to scholars across a wide range of disciplines. It includes an exploration of the unique problems arising in different disciplines of commons study, including natural resources (forests, oceans, water, energy, ecosystems, etc), economics, law, governance, the humanities, and intellectual property. It shows how the analytical frameworks discussed early in the book facilitate interdisciplinarity within commons scholarship. This interdisciplinary approach within the context of analytical frameworks helps facilitate a more complete understanding of the similarities and differences faced by commons resource users and managers, the usefulness of the commons lens as an analytical tool for studying resource management problems, and the best mechanisms by which to formulate policies aimed at addressing such problems. Chapter 26 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.