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
Then in the north of Europe, Denmark and Sweden, and later Poland,
contended for or shared in the dominion of the Baltic. The Sound and
the Belts fell into the possession of Denmark, the Bothnian Gulf
passed under the rule of Sweden; and all the northern seas between
Norway on the one hand, and the Shetland Isles, Iceland, Greenland,
and Spitzbergen on the other, were claimed by Norway and later by
Denmark, on the principle referred to above, that possession was held
of the opposite shores. The Scandinavian claims to maritime dominion
are probably indeed the most important in history. They led to several
wars; they were the cause of many international treaties and of
innumerable disputes about fishery, trading, and navigation; they were
the last to be abandoned. Until about half a century ago Denmark still
exacted a toll from ships passing through the Sound,--a tribute which
at one time was a heavy burden on the trade to and from the Baltic.
Still more extensive were the claims put forward by Spain and Portugal.
In the sixteenth century these Powers, in virtue of Bulls of the
Pope and the Treaty of Tordesillas, divided the great oceans between
them. Spain claimed the exclusive right of navigation in the western
portion of the Atlantic, in the Gulf of Mexico, and in the Pacific.
Portugal assumed a similar right in the Atlantic south of Morocco and
in the Indian Ocean. It was those preposterous pretensions to the
dominion of the immense waters of the globe that caused the great
juridical controversies regarding _mare clausum_ and _mare liberum_,
from which modern international law took its rise. The task of Grotius
in demolishing them by argument was, however, materially facilitated
by the exploits of Drake, Hawkins, and Cavendish on the part of the
English, and of Jakob van Heemskerk on the part of the Dutch; and, as
we shall show, the credit on having first asserted the freedom of the
seas in the sense now universally recognised, belongs rather to our own
Queen Elizabeth than to the Dutch publicist.
In thus appropriating the seas adjacent to their territories, or which
formed the means of communication with them, the various nations
were doubtless impelled by consideration of their own immediate
interests. Sometimes it helped to secure the safety of their coasts or
commerce; in other cases it enabled them to levy tribute on foreign
shipping traversing the appropriated waters, and thus to increase
their revenues; or it allowed them to preserve the fisheries for the
exclusive use of their own subjects. In most instances, however, the
principal object appears to have been to maintain a monopoly of trade
and commerce as far as possible in their own hands, in accordance with
the commercial spirit of the times.
Public-domain text, read in full here on John Shaqi.
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