The Freedom Of The Seas

Paperback | October 12, 2012

byHugo Grotius

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... CHAPTER V Neither the Indian Ocean nor the right of navigation thereon belongs to the Portuguese by title of occupation If therefore the Portuguese have acquired no legal right over the nations of the East Indies, and their territory and sovereignty, let us consider whether they have been able to obtain exclusive jurisdiction over the sea and its navigation or over trade. Let us first consider the case of the sea. Now, in the legal phraseology of the Law of Nations, the sea is called indifferently the property of no one (res nullius), or a common possession (res communis), or public property (res publico). It will be most convenient to explain the signification of these terms if we follow the practice of all the poets since Hesiod, of the philosophers and jurists of the past, and distinguish certain epochs, the divisions of which are marked off perhaps not so much by intervals of time as by obvious logic and essential character. And we ought not to be criticised if in our explanation of a law deriving from nature, we use the authority and definition of those whose natural judgment admittedly is held in the highest esteem. It is therefore necessary to explain that in the earliest stages of human existence both sovereignty and common possession had meanings other than those which they bear at the present time.1 For nowadays sovereignty means a particular kind of proprietorship, such in fact that it absolutely excludes like possession by any one else. On the other hand, we call a thing 'common' when its ownership 1Paul de Castro on Digest I, 1, 6; Dist. I, C. VII. quodam aut consensu collata est exclusis aliis. Linguarum paupertas coegit voces easdem in re non eadem usurpare. Et sic ista nostri moris nomina ad ius illud pristinum...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... CHAPTER V Neither the Indian Ocean nor the right of navigation thereon belongs to the Portuguese by title of o...

Format:PaperbackDimensions:46 pages, 9.69 × 7.44 × 0.1 inPublished:October 12, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217295495

ISBN - 13:9780217295499

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