The Free Sea

The American Fight for Freedom of Navigation
Author: James Kraska,Raul Pedrozo
Publisher: Naval Institute Press
ISBN: 1682471179
Category: History
Page: 432
View: 3377
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The Free Sea offers a unique, single-volume analysis of incidents in American history that affected U.S. freedom of navigation at sea. The book spans more than 200 years, beginning in the Colonial era with the Quasi-War with France in 1798 and extending to contemporary Freedom of Navigation operations in the South China Sea. Through wars and numerous crises with North Korea, North Vietnam, Cambodia, Iran, Russia and China, freedom of navigation has been a persistent challenge for the United States, a nation reliant on open seas for economic prosperity, military security and global order. This volume focuses on the struggle to retain freedom of the seas. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve in the global maritime commons.

The free sea


Author: Hugo Grotius,Richard Hakluyt,William Welwood,David Armitage
Publisher: Liberty Fund Inc.
ISBN: N.A
Category: Law
Page: 145
View: 5253
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The freedom of the oceans of the world and coastal waters has been a contentious issue in international law for the past four hundred years. The most influential argument in favor of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 Mare Liberum (The Free Sea). The Free Sea was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, De Jure Praedae (Commentary on the Law of Prize and Booty), which Grotius had written to defend the Dutch East India Company’s capture in 1603 of a rich Portuguese merchant ship in the Strait of Singapore. Liberty Fund’s new edition of The Free Sea is the only translation of Grotius’s masterpiece undertaken in his own lifetime, left in manuscript by the English historian, Richard Hakluyt (1552–1616). It also contains William Welwod’s critique of Grotius (reprinted for the first time since the seventeenth century) and Grotius’s reply to Welwod. These documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law. Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders. David Armitage is the Lloyd C. Blankfein Professor of History at Harvard University. He is the author of The Ideological Origins of the British Empire and The Declaration of Independence: A Global History; the editor of Theories of Empire, 1450–1800; and the co-editor of The British Atlantic World, 1500–1800, Shakespeare and Early Modern Political Thought, and The Age of Revolutions in Global Context, c. 1760–1840. Richard Hakluyt (d. 1616) was a geographer, editor, and translator of travel literature. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

The Fight for a Free Sea

A Chronicle of the War of 1812
Author: Ralph D. Paine
Publisher: Cosimo, Inc.
ISBN: 160520479X
Category: History
Page: 268
View: 3104
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This classic chronicle of the War of 1812 is a stirring, poetical account of the new nation of the United States and its failed attempt to complete North America's break from Britain by taking over Canada. With a particular emphasis on the war at sea, naval expert Paine puts in the middle of the action as frigates duel and cruisers battle in the new U.S. navy's first serious challenge. Cosimo is proud to offer this replica of the beautifully illustrated 1921 first edition, sure to thrill history fans and naval buffs alike. RALPH DELAHAYE PAINE (1871-1925) wrote numerous books of history and adventure on the sea, including Cadet of the Black Star Line (1910), Judgments of the Sea, and Other Stories (1912), and Lost Ships and Lonely Seas (1921).

Community Interests Across International Law


Author: Eyal Benvenisti,Georg Nolte
Publisher: Oxford University Press
ISBN: 0192558919
Category: Law
Page: 560
View: 7337
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This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.

Across Oceans of Law

The Komagata Maru and Jurisdiction in the Time of Empire
Author: Renisa Mawani
Publisher: Duke University Press
ISBN: 0822372126
Category: Law
Page: 352
View: 9919
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In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.

Spatiality, Sovereignty and Carl Schmitt

Geographies of the Nomos
Author: Stephen Legg
Publisher: Routledge
ISBN: 113671779X
Category: Political Science
Page: 320
View: 509
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The writings of Carl Schmitt are now indissociable from both an historical period and a contemporary moment. He will forever be remembered for his association with the National Socialists of 1930s Germany, and as the figure whose writings on sovereignty, politics, and the law provided justification for authoritarian, decisional states. Yet at the same time, the post-September 11th 2001 world is one in which a wide range of scholars have increasingly turned to Schmitt to understand a world of "with us or against us" Manichaeism, spaces of exception which seem to be placed outside the law by legal mechanisms themselves, and the contestation of a uni-polar, post-1989 world. This attention marks out Schmitt as one of the foremost emerging theorists in critical theory and assures his work a large and growing audience. This work brings together geographers, and Schmitt experts who are attuned to the spatial dimensions of his work, to discuss his 1950 work The Nomos of the Earth in the International Law of the Jus Publicum Europaeum. Explaining the growing audience for Schmitt’s work, a broad range of contributors also examine the Nomos in relation to broader debates about enmity and war, the production of space, the work of Michel Foucault and Giorgio Agamben, and the recuperability of such an intellect tainted by its anti-Semitism and links to the Nazi party. This work will be of great interest to researchers in political theory, socio-legal studies, geopolitics and critical IR theory

The Fight for a Free Sea

A Chronicle of the War of 1812
Author: Ralph Delahaye Paine
Publisher: N.A
ISBN: N.A
Category: United States
Page: 235
View: 9741
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Sweatshops at Sea

Merchant Seamen in the World's First Globalized Industry, from 1812 to the Present
Author: Leon Fink
Publisher: UNC Press Books
ISBN: 0807877808
Category: History
Page: 288
View: 1156
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As the main artery of international commerce, merchant shipping was the world's first globalized industry, often serving as a vanguard for issues touching on labor recruiting, the employment relationship, and regulatory enforcement that crossed national borders. In Sweatshops at Sea, historian Leon Fink examines the evolution of laws and labor relations governing ordinary seamen over the past two centuries. The merchant marine offers an ideal setting for examining the changing regulatory regimes applied to workers by the United States, Great Britain, and, ultimately, an organized world community. Fink explores both how political and economic ends are reflected in maritime labor regulations and how agents of reform--including governments, trade unions, and global standard-setting authorities--grappled with the problems of applying land-based, national principles and regulations of labor discipline and management to the sea-going labor force. With the rise of powerful nation-states in a global marketplace in the nineteenth century, recruitment and regulation of a mercantile labor force emerged as a high priority and as a vexing problem for Western powers. The history of exploitation, reform, and the evolving international governance of sea labor offers a compelling precedent in an age of more universal globalization of production and services.

International Law


Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1107328098
Category: Law
Page: N.A
View: 2507
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Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? What does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning.

The Sea and Civilization

A Maritime History of the World
Author: Lincoln Paine
Publisher: Atlantic Books Ltd
ISBN: 1782393579
Category: History
Page: 300
View: 8908
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A monumental, wholly accessible work of scholarship that retells human history through the story of mankind's relationship with the sea. An accomplishment of both great sweep and illuminating detail, The Sea and Civilization is a stunning work of history that reveals in breathtaking depth how people first came into contact with one another by ocean and river, and how goods, languages, religions, and entire cultures spread across and along the world's waterways. Lincoln Paine takes us back to the origins of long-distance migration by sea with our ancestors' first forays from Africa and Eurasia to Australia and the Americas. He demonstrates the critical role of maritime trade to the civilizations of ancient Egypt and Mesopotamia, and the Indus Valley. He reacquaints us with the great seafaring cultures of antiquity like those of the Phoenicians and Greeks, as well as those of India, Southeast and East Asia who parlayed their navigational skills, shipbuilding techniques, and commercial acumen to establish vibrant overseas colonies and trade routes in the centuries leading up to the age of European overseas expansion. His narrative traces subsequent developments in commercial and naval shipping through the post-Cold War era. Above all, Paine makes clear how the rise and fall of civilizations can be traced to the sea.

Blood

A Critique of Christianity
Author: Gil Anidjar
Publisher: Columbia University Press
ISBN: 0231537255
Category: Religion
Page: 560
View: 2636
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Blood, according to Gil Anidjar, maps the singular history of Christianity. As a category for historical analysis, blood can be seen through its literal and metaphorical uses as determining, sometimes even defining Western culture, politics, and social practices and their wide-ranging incarnations in nationalism, capitalism, and law. Engaging with a variety of sources, Anidjar explores the presence and the absence, the making and unmaking of blood in philosophy and medicine, law and literature, and economic and political thought from ancient Greece to medieval Spain, from the Bible to Shakespeare and Melville. The prevalence of blood in the social, juridical, and political organization of the modern West signals that we do not live in a secular age into which religion could return. Flowing across multiple boundaries, infusing them with violent precepts that we must address, blood undoes the presumed oppositions between religion and politics, economy and theology, and kinship and race. It demonstrates that what we think of as modern is in fact imbued with Christianity. Christianity, Blood fiercely argues, must be reconsidered beyond the boundaries of religion alone.

Hugo Grotius, the Portuguese, and Free Trade in the East Indies


Author: Peter Borschberg
Publisher: NUS Press
ISBN: 9971694670
Category: History
Page: 512
View: 2412
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This book considers the background to the treatises, their content and significance, and what Grotius actually knew about Southeast Asian polities or Portuguese institutions of trade and diplomacy when he wrote them. --

The IMLI Manual on International Maritime Law

Volume I: The Law of the Sea
Author: David Joseph Attard,Malgosia Fitzmaurice,Norman A. Martínez Gutiérrez,Norman Martinez
Publisher: Oxford University Press, USA
ISBN: 0199683921
Category: Law
Page: 723
View: 1652
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This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

The League of Peace and a Free Sea (1917)


Author: Julian Stafford Corbett
Publisher: Kessinger Publishing
ISBN: 9781104312817
Category: Literary Collections
Page: 16
View: 2061
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This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

The Legal Status of Aircraft

Proefschrift ter Verkrijging van de Graad van Doctor in de Rechtsgeleerdheid aan de Rijksuniversiteit te Leiden, op Gezag van de Rector Magnificus Dr A. E. van Arkel, Hoogleraar in de Faculteit der Wis- en Natuurkunde, Tegen de Bedenkingen van de Faculteit der Rechtsgeleerdheid te Verdedigen op Woensdag 13 Juni, 1956 te 14 Uur
Author: Jan Piet Honig
Publisher: Springer
ISBN: 9401509875
Category: Law
Page: 218
View: 6713
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I . Historical survey The legal status of aircraft is a problem that has given rise to innumerable questions ever since the earliest years of aviation. But the majority of these questions only relate to certain aspects of the legal status of aircraft, and the problem as a whole has hardly been studied at all. The evolutionary process in the study of a number of facets of the problem is outlined below. Nationality The question of the nationality of aircraft has always received a lot of attention. As far as the principle is concerned, there can be little dispute on this point nowadays. The subject of the nationality of aircraft was discussed at the aviation conferences which led to the Paris Convention in 1919, the Ibero-American Convention in 1926, the Havana Convention in 1928 and the Chicago Convention in 1944. According to Article 6 of the Paris Convention of 1919, an aircraft possesses the nationality of the State on whose register it is entered. The Ibero-American Convention of 1926 and the Pan-American Convention signed at Havana in 1928 start from the same principle.

Restricting the concept of free seas

modern maritime law re-evaluated
Author: George Patrick Smith
Publisher: N.A
ISBN: N.A
Category: Law
Page: 242
View: 9380
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A Large Spectrum of Free Oscillations of the World Ocean Including the Full Ocean Loading and Self-attraction Effects


Author: Malte Müller
Publisher: Springer Science & Business Media
ISBN: 3540855750
Category: Science
Page: 120
View: 2697
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In this book, data from a model ocean developed to compute free oscillations is used to analyze the LSA effect on tides and the synthesis of tides by free oscillation. It is also used to show the existence of six long-period planetary vorticity modes.

The Near-Surface Layer of the Ocean

Structure, Dynamics and Applications
Author: Alexander Soloviev,Roger Lukas
Publisher: Springer Science & Business Media
ISBN: 9781402040528
Category: Science
Page: 574
View: 1305
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Until the 1980s, a tacit agreement among many physical oceanographers was that nothing deserving attention could be found in the upper few meters of the ocean. The lack of adequete knowledge about the near-surface layer of the ocean was mainly due to the fact that the widely used oceanographic instruments (such as bathythermographs, CTDs, current meters, etc.) were practically useless in the upper few meters of the ocean. Interest in the ne- surface layer of the ocean rapidly increased along with the development of remote sensing techniques. The interpretation of ocean surface signals sensed from satellites demanded thorough knowledge of upper ocean processes and their connection to the ocean interior. Despite its accessibility to the investigator, the near-surface layer of the ocean is not a simple subject of experimental study. Random, sometimes huge, vertical motions of the ocean surface due to surface waves are a serious complication for collecting quality data close to the ocean surface. The supposedly minor problem of avoiding disturbances from ships’ wakes has frustrated several generations of oceanographers attempting to take reliable data from the upper few meters of the ocean. Important practical applications nevertheless demanded action, and as a result several pioneering works in the 1970s and 1980s laid the foundation for the new subject of oceanography – the near-surface layer of the ocean.