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Mare Clausum: The Formation of the Law of the Sea in Pre-Modern State Practice and Legal Doctrine (C. 1350-1650)

Mare Clausum: The Formation of the Law of the Sea in Pre-Modern State Practice and Legal Doctrine (C. 1350-1650) - Legal History Library / Studies in the History of International Law

Hardback (25 Sep 2025)

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Publisher's Synopsis

Who owns the sea? This book explores this timeless question by tracing the development of claims over the sea from the late Middle Ages to the early modern era, shedding light on the complex interplay between legal arguments, political interests, and geostrategic realities. By the time Hugo Grotius's Mare liberum (1609) famously championed the freedom of the seas, competing traditions of 'claimed seas' had already shaped European legal debates for centuries. Examining three macro-regions - the Mediterranean, the seas of Northern Europe, and the world oceans - this study challenges the dominant Grotius-centric narrative, offering a broader perspective on how political actors and jurists justified exclusive maritime rights long before John Selden's Mare clausum (1635). While assessing the Eurocentric foundations of the modern law of the sea, it reveals how historical legal arguments and notions continue to shape contemporary ocean governance.

About the Publisher

Brill Nijhoff

Founded in 1683, Brill is a publishing house with a rich history and a strong international focus. The company's head office is in Leiden, (The Netherlands) with a branch office in Boston, Massachusetts (USA). Brill's publications focus on the Humanities and Social Sciences, International Law and selected areas in the Sciences.

Book information

ISBN: 9789004741393
Publisher: Brill
Imprint: Brill Nijhoff
Pub date:
Language: English
Weight: 1g
Height: 235mm
Width: 155mm