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.
A monumental, wholly accessible work of scholarship that retells human history through the story of mankind's relationship with the sea. An accomplishment of both great sweep and illuminating detail, The Sea and Civilization is a stunning work of history that reveals in breathtaking depth how people first came into contact with one another by ocean and river, and how goods, languages, religions, and entire cultures spread across and along the world's waterways. 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 and 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, Southeast and East Asia who parlayed their navigational skills, shipbuilding techniques, and commercial acumen to establish vibrant overseas colonies and trade routes in the centuries leading up to the age of European overseas expansion. His narrative traces subsequent developments in commercial and naval shipping through the post-Cold War era. Above all, Paine makes clear how the rise and fall of civilizations can be traced to the sea.
The Atlantic Coast and the Transformation of New England
Author: Christopher L. Pastore
Publisher: Harvard University Press
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.
This book places contemporary problems of ocean use management in historical context beginning with the time of Hugo Grotius, whose seminal 1609 work The Freedom of the Seas was the basis of ocean law for the next three centuries. Individual use problems are dealt with in detail and include overfishing, migrating fish stocks and fish wars, oil drilling, deep sea mining and marine pollution. Throughout the author notes the need to seek solutions in ocean management from a more integrated perspective. Emphasis is placed on the United Nations Conference on the Law of the Sea and the resulting agreements. This book therefore presents a unique breadth of view which will make it salient to policy makers, diplomats, scholars and ocean users.
The republican writing of the English revolution has attracted a major scholarly literature. Yet there has been no single treatment of the subject as a whole, nor has it been adequately related to the larger upheaval from which it emerged, or to the larger body of radical thought of which it became the most influential component. Commonwealth Principles addresses these needs, and Jonathan Scott goes beyond existing accounts organized around a single key concept (whether constitutional, linguistic or moral) or author (usually James Harrington) to analyse this body of writing in full context. Linking various social, political and intellectual agendas Professor Scott explains why, when classical republicanism came to England, it did so in the moral service of an explicitly religious revolution. The resulting ideology hinged not upon political language, or constitutional form, but Christian humanist moral philosophy applied in the practical context of an attempted radical reformation of manners.
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.
Author: Aleksandr Antonovich Kovalev,William Elliott Butler
Publisher: Eleven International Publishing
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 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.
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’.
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.
Author: Augustus Henry Frazer Lefroy,William Paul McClure Kennedy
Publisher: The Lawbook Exchange, Ltd.
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.