The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters — John Shaqi
The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial WatersFulton, Thomas Wemyss
History
The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters
Fulton, Thomas Wemyss
Fisheries -- Great Britain; Great Britain. Royal Navy -- History; Sea-power; Territorial waters -- Great Britain -- History
Although according to the Roman law the sea was common and free to
all, in the middle ages many seas had become more or less effectively
appropriated, and Civilian writers began to assign to maritime states,
as a principle of law, a certain jurisdiction in the waters adjacent to
their coasts. The distance to which such jurisdiction was allowed by
those writers was variously stated. Very commonly it extended to sixty
or one hundred miles from the land, and thus included all the bordering
sea within which navigation was practically confined. Sometimes
the principle governing the ownership of rivers was transferred in
theory to the sea, the possession of the opposite shores by the same
state being held to entitle that state to the sovereignty over the
intervening water; or, if it possessed only one shore, to the same
right as far as the mid-line. In most cases, however, the appropriation
of the sea was effected by force and legalised afterwards, if legalised
at all, and the disputes on the subject between different nations not
infrequently led to sanguinary wars.
The most notable instances are to be found among the early Italian
Republics. Long before the end of the thirteenth century Venice,
eminent for her commerce, wealth, and maritime power, assumed the
sovereignty over the whole of the Adriatic, though she was not in
possession of both the shores, and after repeated appeals to the sword
she was able to enforce the right to levy tribute on the ships of
other peoples which navigated the Gulf, or to prohibit their passage
altogether. The neighbouring cities and commonwealths were soon
compelled to agree to her claim, which was eventually recognised by
the other Powers of Europe and by the Pope. The right of Venice to the
dominion of the Adriatic, arising in this way by force, became firmly
established by custom and treaty; and even after she had fallen from
her greatness and was hardly able to sustain her claim by the sword,
it was still for a time admitted by other nations, who looked upon the
Republic as forming a useful barrier to the farther extension of the
Turk in Europe and as a scourge to the Saracen pirates.[1] On the other
side of the Italian peninsula, the Republic of Genoa advanced a similar
claim to the dominion of the Ligurian Sea, and some of the other
Mediterranean states followed the example in the waters with which they
were most immediately concerned.
Public-domain text, read in full here on John Shaqi.
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