Of the Dominion, Or, Ownership of the Sea

Author: John Selden,Marchamont Nedham

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772727

Category: History

Page: 538

View: 1096

Selden, John. Mare Clausum. Of the Dominion, or, Ownership of the Sea. Two Books: In the First, is Shew'd that the Sea, by the Law of Nature, or Nations, is Not Common to All Men but Capable of Private Dominion or Proprietie as well as the Land in the Second, is Proved That the Dominion of the British Sea, or That Which Incompasseth the Isle of Great Britain, is, and Ever Hath Been, a Part or Appendant of the Empire of that Island. Written at First in Latin and Entituled Mare Clausum, Seu, De Dominio Maris. Translated into English and set Forth with Som Additional Evidences and Discourses by Marchmont Nedham. London: William Du-Gard, 1652. xliii, 200, 37 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-272-7. Cloth. $110. * Reprint of the first edition in English. Mare Clausum (Dominion of the Sea) is the most famous British reply to the argument of Grotius's Mare Liberum, which denied the validity of England's claim to the high seas south and east of England. Selden [1584-1654], argued that England's jurisdiction extends, in fact, to all waters surrounding the isles. His use of common-law principles to rebut Grotius's philosophical argument is quite impressive. Holdsworth notes that his case was enriched by "a vast historical knowledge," replete with references to the customs of peoples from the times of the Greeks to his time.": Holdsworth, A History of English Law V: 10-11.

Of the Dominion, Or Ownership of the Sea

Two Books (Classic Reprint)

Author: John Selden

Publisher: Forgotten Books

ISBN: 9781333883454

Category: Travel

Page: 594

View: 9421

Excerpt from Of the Dominion, or Ownership of the Sea: Two Books E n H G {l onh (if Iman age'i 0f! Onfider'd, that of collected upon this the Sea, which is not ab'undan forth in. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."

The Sea and Civilization

A Maritime History of the World

Author: Lincoln Paine

Publisher: Vintage

ISBN: 0307962253

Category: History

Page: 784

View: 671

A monumental retelling of world history through the lens of maritime enterprise, revealing in breathtaking depth how people first came into contact with one another by ocean and river, lake and stream, and how goods, languages, religions, and entire cultures spread across and along the world’s waterways, bringing together civilizations and defining what makes us most human. Lincoln Paine takes us back to the origins of long-distance migration by sea with our ancestors’ first forays from Africa and Eurasia to Australia and the Americas. He demonstrates the critical role of maritime trade to the civilizations of ancient Egypt, Mesopotamia, and the Indus Valley. He reacquaints us with the great seafaring cultures of antiquity like those of the Phoenicians and Greeks, as well as those of India and Southeast and East Asia, who parlayed their navigational skills, shipbuilding techniques, and commercial acumen to establish thriving overseas colonies and trade routes in the centuries leading up to the age of European expansion. And finally, his narrative traces how commercial shipping and naval warfare brought about the enormous demographic, cultural, and political changes that have globalized the world throughout the post–Cold War era. This tremendously readable intellectual adventure shows us the world in a new light, in which the sea reigns supreme. We find out how a once-enslaved East African king brought Islam to his people, what the American “sail-around territories” were, and what the Song Dynasty did with twenty-wheel, human-powered paddleboats with twenty paddle wheels and up to three hundred crew. Above all, Paine makes clear how the rise and fall of civilizations can be linked to the sea. An accomplishment of both great sweep and illuminating detail, The Sea and Civilization is a stunning work of history.

Between Land and Sea

The Atlantic Coast and the Transformation of New England

Author: Christopher L. Pastore

Publisher: Harvard University Press

ISBN: 0674745469

Category: History

Page: 312

View: 3357

Christopher Pastore traces how Narragansett Bay’s ecology shaped the contours of European habitation, trade, and resource use, and how littoral settlers in turn, over two centuries, transformed a marshy fractal of water and earth into a clearly defined coastline, which proved less able to absorb the blows of human initiative and natural variation.

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender,Anne Peters,Simone Peter

Publisher: OUP Oxford

ISBN: 0191632511

Category: Law

Page: 1272

View: 7637

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

Charles I and the People of England

Author: David Cressy

Publisher: OUP Oxford

ISBN: 0191018007

Category: History

Page: 416

View: 4356

The story of the reign of Charles I - through the lives of his people. Prize-winning historian David Cressy mines the widest range of archival and printed sources, including ballads, sermons, speeches, letters, diaries, petitions, proclamations, and the proceedings of secular and ecclesiastical courts, to explore the aspirations and expectations not only of the king and his followers, but also the unruly energies of many of his subjects, showing how royal authority was constituted, in peace and in war - and how it began to fall apart. A blend of micro-historical analysis and constitutional theory, parish politics and ecclesiology, military, cultural, and social history, Charles I and the People of England is the first major attempt to connect the political, constitutional, and religious history of this crucial period in English history with the experience and aspirations of the rest of the population. From the king and his ministers to the everyday dealings and opinions of parishioners, petitioners, and taxpayers, David Cressy re-creates the broadest possible panorama of early Stuart England, as it slipped from complacency to revolution.

Contemporary Issues of the Law of the Sea

Modern Russian Approaches

Author: Aleksandr Antonovich Kovalev,William Elliott Butler

Publisher: Eleven International Publishing

ISBN: 9077596038

Category: Law

Page: 327

View: 1338

Originally published in Russian, this book is the first major Russian treatise on the international law of the sea in the post-Soviet era. The book covers the legal status and legal regime of the sea expanses and follows their classification in the 1982 United Nations Convention. In addition, a separate section is devoted to the legal status of the Caspian Sea. The author analyzes in-depth the international legal norms regulating the preservation of the marine environment and concludes that a system of international cooperation is essential both in the sphere of navigation and economic exploitation of oceanic resources. Extensive attention is given to Russian practice. As Russia plays a central and influential role in world maritime policy, a book that specifically deals with Russian approaches in this field cannot fail to be of importance to anyone interested in the law of the sea.

The Canada Gazette

Author: Canada

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 2247

The law of riparian rights, alluvion and fishery

Author: L.M. Doss

Publisher: Рипол Классик

ISBN: 5875640723

Category: History

Page: N.A

View: 9492

The law of riparian rights, alluvion and fishery: with introductory lectures on the rights of littoral states over the open sea, territorial waters, bays, &c., and the rights of the crown and the littoral proprietors respectively over the fore-shore of the sea.

Japan's Sea Lane Security

A Matter of Life and Death?

Author: Euan Graham

Publisher: Routledge

ISBN: 1134250916

Category: Political Science

Page: 324

View: 9159

This is the first major English-language study to explore the broad and longstanding connections between Japan’s national security and the safety of its sea lanes. Tracing issues from pre-and post-1945 eras, the book explores how Japan’s concerns with sea lane protection have developed across such diverse fields as military strategy, diplomacy, trade policy, energy security, and law enforcement. Drawing upon case study material and primary research including interviews with officials and security analysts, the book presents a chronological analysis of Japan’s sea lane security. While Japan’s security policies have recently undergone relatively rapid change, a historical treatment of sea lane security issues reveals long-term continuity in security policymakers’ perceptions and responses regarding Japan's defence and foreign policy. Revealing a neglected but important aspect of Japan’s military and economic security, the book investigates why officials and analysts continue to portray the defence of Japan’s sea lanes as ‘a matter of life and death’.

The Law Magazine and Review

A Quarterly Review of Jurisprudence

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 6345

Cobbett's Political Register

Author: William Cobbett

Publisher: N.A

ISBN: N.A

Category: Great Britain

Page: N.A

View: 1537

The free sea

Author: Hugo Grotius,Richard Hakluyt,William Welwood,David Armitage

Publisher: Liberty Fund Inc.

ISBN: N.A

Category: Law

Page: 145

View: 9405

The freedom of the oceans of the world and coastal waters has been a contentious issue in international law for the past four hundred years. The most influential argument in favor 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). 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 (Commentary 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 Strait of Singapore. Liberty Fund’s new edition of The Free Sea is the only translation of Grotius’s masterpiece undertaken in his own lifetime, left in manuscript by the English historian, Richard Hakluyt (1552–1616). It also contains William Welwod’s critique of Grotius (reprinted for the first time since the seventeenth century) and Grotius’s reply to Welwod. These documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law. Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders. David Armitage is the Lloyd C. Blankfein Professor of History at Harvard University. He is the author of The Ideological Origins of the British Empire and The Declaration of Independence: A Global History; the editor of Theories of Empire, 1450–1800; and the co-editor of The British Atlantic World, 1500–1800, Shakespeare and Early Modern Political Thought, and The Age of Revolutions in Global Context, c. 1760–1840. Richard Hakluyt (d. 1616) was a geographer, editor, and translator of travel literature. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

A Short Treatise on Canadian Constitutional Law

Author: Augustus Henry Frazer Lefroy,William Paul McClure Kennedy

Publisher: The Lawbook Exchange, Ltd.

ISBN: 158477777X

Category: History

Page: 322

View: 8418

Lefroy, A.H.F.A Short Treatise on Canadian Constitutional Law. With an Historical Introduction by W.P.M. Kennedy. Toronto: The Carswell Company, 1918. xlvii, 322 pp. Reprinted 2008 by The Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-777-9. ISBN-10: 1-58477-777-X. Cloth. $95.* Conceived for non-Canadian lawyers and students at colleges and law schools, this is a treatise on the constitution that governed Canada from 1867 to 1982, when it achieved complete political independence. The foremost interpreter of the Canadian constitution in his day, Lefroy [1852-1919] was an important Canadian jurist who helped to draft several principal amendments to Canada's constitution. " Mr. Lefroy has written a valuable and informative book. (...) His work, on its scale, is a model for American lawyers to emulate.": H.J.L., Harvard Law Review 32 (1918-19) 583.

The Tidelands Oil Controversy

A Legal and Historical Analysis

Author: Ernest R. Bartley

Publisher: University of Texas Press

ISBN: 0292780273

Category: Political Science

Page: 324

View: 7542

This study is not written from the narrow perspective of “Who gets the oil?” It is a thoughtful probing of an issue—the ownership and control of the submerged soils of the marginal sea—the outcome of which may go far to determine the division of powers between states and nation under the American federal system. American constitutional law, international law, theory of federalism, American politics, the machinations of pressure groups, use of propaganda techniques, and issues of social and economic policy—all these features of American government and many more are inherent in the controversy. In 1947, in a precedent-making decision, the Supreme Court enunciated the principle that the federal government, not the states, has “paramount rights in and power over” the marginal seas which border the coastal states, and has “full dominion over the resources under that water area, including oil.” For more than 150 years the littoral states had exercised uncontested jurisdiction and ownership over the marginal-sea area, subject only to the powers specifically granted to the national government by the Constitution. The states had regulated the fisheries within the three-mile limit, applying state laws to vessels licensed under federal statutes. Long before oil possibilities were thought of, they had granted or leased areas in the marginal seas to private persons and corporations for purposes of land reclamation and harbor development, dredging for sand and gravel, development of oyster beds, and similar projects. These property rights can far exceed in value the wealth to be derived from petroleum. A just settlement of the issue, says the author, calls for restoration to the states of control of the marginal sea out to their historical boundaries—three miles in most cases; three leagues, or ten and one-half miles, in the case of Texas and the west coast of Florida. This study is based upon thorough investigation of all literature on the subject and personal interviews and correspondence with leaders on both sides of the controversy.