Mare clausum wikipedia bahasa indonesia, ensiklopedia bebas. Additional evidences concerning the right of soveraigntie and dominion of england in the sea p. As such, it is worth mentioning that henkin describes the dispute between grotius and selden as a famous controversy in international law, suggesting as. Stanesbeius, pro ricardo meighen, 1635 was published in november 1635. Sea watch vs the libyan coastguard mare clausum report in english and italian. This textbased pdf or ebook was created from the html version of this book and is part of the portable library of liberty. The disputation was directed towards the portuguese mare clausum policy and. In the free sea, grotius formulated the new principle that the sea was international territory and all nations were free to use it for seafaring trade. Santa catarina and mare clausum versus mare liberum controversy. The publication of mare clausum was itself dramatic. Using the url or doi link below will ensure access to this page indefinitely. Parallels are evident to the roman empire, in which the mediterranean sea was the roman mare. Thomas jefferson owned two copies, which, when he sold his book collection, formed part of the cornerstone of the fledgling library of congress. This file is licensed under the creative commons attributionshare alike 4.
Mare liberum wikipedia bahasa indonesia, ensiklopedia bebas. It is a short step from this notion of mare nostrum to the concept of mare clausum, our sea under our exclusive sovereignty. This presentation was delivered at indonesiaindia conference on how unclos addresses emerging issues in indopacific, organised by the indonesian embassy, new delhi, and the india foundation at. Danishnorwegian king christian iv wrote to the king of england, james i, on 10 january 161 8, he maintained that the whole of the northern lands, except those under russia, were. Mare liberum 1609 and the freedom of the seas 1916 html and pdf. Shown below is a postrestoration edition of the same work in english. To selden, the writing and publication of mare clausum was, more than a chance to oblige the government, an occasion to contend with grotius as a legal theorist and philosopher. There have only been sporadic attempts to look further into the nuances of this seasonality.
Private rights in the territorial sea and exclusive economic zone. Mare clausum has a secure place in the canon of classic legal texts. John selden, mare clausum, written on assignment from the english king in 1635 to justify english claims to its surrounding sea the sea is not impervious to jurisdiction and occupation, but this. Were sorry but the forensic architecture website doesnt work properly without javascript enabled.
Mare clausum et mare liberum university of calgary. The disputation was directed towards the portuguese mare clausum. Danishnorwegian king christian iv wrote to the king of england, james i, on 10 january 161 8, he maintained that the whole. Soviet juridical views regarding the baltic sea as a closed sea and the baltic.
On 6 november 2017, a rescue vessel operated by the ngo sea watch sw and a patrol vessel of the libyan coastguard were. Of the dominion, or, ownership of the sea two books. Mare liberum or the freedom of the seas is a book in latin on international law written by the dutch jurist and philosopher hugo grotius, first published in 1609. Parallels are evident to the roman empire, in which the mediterranean sea was the roman mare nostrum, where romamays gov erned all conditions. His argument was answered in 1631 by an english jurist, john selden 15841654, who wrote mare clausum, which upheld the doctrine of that waters contiguous to the coastline of a country should be. Mare clausum definition is a navigable body of water such as a sea that is under the jurisdiction of one nation and is closed to other nations. O feito gerou protestos internacionais, e ate mesmo nos paises baixos.
The article analyzes the legal and political standing of the soviet juridical theory of mare clausum as applied to the baltic sea. Mare clausum dalam latin berarti laut tertutup adalah sebuah istilah yang digunakan dalam hukum internasional untuk menyebut daerah laut, samudera atau perairan yang dapat dilewati kapal air. Bible criticism, secularisation and imperialism in seventeenthcentury english political and legal thought the armies of gog, the merchants of. The dutch were at war with spain and portugal when santa catarina was captured.
In the first is shewd, that the sea, by the lavv of nature, or nations, is not common to all men, but capable of private dominion or proprietie. To selden, the writing and publication of mare clausum. This file is licensed under the creative commons attributionshare alike 3. Mare clausum legal latin meaning closed sea is a term used in international law to mention a sea, ocean or other navigable body of water under the jurisdiction of a state that is closed or not accessible to other states. An endorheic basin also endoreic basin or endorreic basin is a limited drainage basin that normally retains water and allows no outflow to other external bodies of water, such as rivers or oceans, but. John selden, legal antiquarian, orientalist, and politician who was the leading figure in the antiquarian society, the centre of english historical research during the 17th century. Nor would such a mare clausum in any way help the palestinians go home, a cause mr. View pdf flyer contents about preliminary material. On 6 november 2017, a rescue vessel operated by the ngo sea watch sw and a patrol vessel of the libyan coastguard were both en route towards a migrants boat, in distress in international waters. Hugo grotius mare liberum 16092009 original latin text. Tarlton law library the works of john selden online. Mare clausum definition of mare clausum by merriamwebster. You may do so in any reasonable manner, but not in.
248 1008 722 984 1006 1522 882 802 1154 1632 505 1283 293 997 464 1048 682 1602 707 1164 1136 1436 161 747 240 826 316 1132 193 1373 1146 1142 792 448 260 702 91 380 1601 911 1212 161 1183 838 1149 1264 310 306 768 381 932