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
It is noteworthy that the birth of modern international law was
associated with the origin of these juridical controversies as to
the freedom of the sea.[610] It was the appearance of _Mare Liberum_
in 1609 that heralded the dawn of the new epoch. The little book of
Grotius was at once a reasoned appeal for the freedom of the seas
in the general interest of mankind, and the source from which the
principles of the Law of Nations have come. The main reasons why
the controversy broke out at that time and the pleas of Grotius
had so much success are not difficult to discover. The period was
characterised by a great expansion of commercial enterprise. The
Western Powers of Europe, and above all the United Provinces, were
pushing into every sea for the sake of traffic and gain. In some
directions the trading adventurers found their way barred by claims to
_mare clausum_ and monopoly of trade; in other directions it was open
to them only under heavy burdens and aggravating restrictions. The
northern seas, in theory at least, were closed to the whaling vessels
engaged in what was then a most valuable business; and commerce and
fishing within them were permitted only under irksome conditions. The
passage through the Sound into the Baltic was subjected to high dues
by Denmark; Venice claimed dominion in the Adriatic and levied imposts
for the right of navigation there, and Genoa followed her example in
the Ligurian Sea. But it was not so much the claim of Denmark to the
sovereignty of the northern seas, or the rights asserted by Venice
in the Adriatic, that led to the outburst for the freedom of the sea
and of commercial intercourse at the beginning of the seventeenth
century. Except with regard to English traffic with Iceland and
Norway and the fishing there, more or less regulated by treaties, the
Scandinavian claim at this time was not of great practical importance;
and the dominion of Venice over the Adriatic was generally regarded
as beneficial on the whole, by interposing a powerful barrier to the
further extension of the Turkish empire in Europe, and by facilitating
the suppression of pirates and Saracens.[611] It was the extravagant
pretensions of Spain and Portugal to a monopoly of navigation and
commerce with the New World and the East Indies that constituted the
great obstacle to the new spirit of commercial enterprise. Founding
their title on the Bulls of the Pope, and the right of discovery,
conquest, and prior occupation, they arrogated to themselves the
exclusive sovereignty of the great oceans which were the pathways to
these immense regions,--the Atlantic, the Indian Ocean, and parts of
the Pacific. Thus, as Grotius remarked, the whole Ocean except a little
was to remain under the control of two nations, and all the other
nations of the earth were to content themselves with the remnant.
Public-domain text, read in full here on John Shaqi.
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