International law; Natural law; War (International law)
V. In the same manner, the sea appears capable of being made a property
by the power possessed of the shore on both sides of it; although
beyond those limits it may spread to a wide extent, which is the case
with a bay, and with a straight beyond each of its outlets into main
sea or ocean. But this right of property can never take place where
the sea is of such a magnitude, as to surpass all comparison with that
portion of the land which it washes. And the right, which one people or
prince possesses, may also be shared by a great number of states, among
whose respective territories the sea flows. Thus rivers separating
two powers may be occupied by both, to each of whom their use and
advantages may be equal.
VI. Instances may be found of treaties by which one nation binds itself
to another, not to navigate particular seas beyond certain bounds.
Thus between the Egyptians and the Princes inhabiting the borders of
the Red Sea, it was agreed, in ancient times, that the former should
not enter that sea with any ship of war, nor with more than one
merchant ship. In the same manner, in the time of Cimon, the Persians
were bound by a treaty, made with the Athenians, not to sail with any
ship of war between the Cyanean rocks and the Chelidonian islands; a
prohibition, which, after the battle of Salamis, restricted any Persian
armed vessel from sailing between Phaselis and the above named rocks.
In the one year's truce of the Peloponnesian war, the Lacedaemonians
were prohibited from sailing with any ships of war whatever, or indeed
with any other ships of more than twenty tons burden. And in the first
treaty, which the Romans, immediately after the expulsion of their
kings, made with the Carthaginians, it was stipulated that neither the
Romans, nor their allies should sail beyond the promontory of Pulchrum,
except they were driven thither by stress of weather, or to avoid being
captured by an enemy. But in either case they were to take nothing more
than necessaries, and to depart before the expiration of five days. And
in the second treaty, the Romans were prohibited from committing any
acts of piracy, or even from trading beyond the promontory of Pulchrum,
Massia and Tarseius.
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