Research On Bynkershoek’s Thoughts Of Sea Power

The theories and practices of sea power were constructed in the evolution of early modern Europe law of the sea.The direct theoretical ideas sources of those theories are the early European thinkers, jurists and modern humanities scholars. Grotius advocated for the Freedom of the Seas (Mare Liberum) While Selden emphasized the ocean can be closed (Mare Clausum).This debate shaped and built the theoretical foundation of international law and international practice. Today, however, the practice of international law on the ocean, neither is entirely in accordance with Grotius’s Freedom of the Seas nor do Selden as a winner, but to determine the territorial waters of12mile as territorial sovereignty. On the origin of the territorial sea (Italian jurist Galiani identified in1782is3nautical miles), it was from the Dutch jurist Cornelius van Bynkershoek’s thesis De Demino Maris Dissertatio(On the Sovereignty of the Sea,1702).Territorial waters issue is not only a matter of international law and practice, but a legislative attempt about land and sea,and the two elements Water and Earth as well. That is a great philosophical question. Territorial waters are in the integration of land and sea area, which is the edge between land and sea. Division of territorial waters is to draw a clear boundary upon blurred edge. This legislative attempt is not only to treat the sea as the land, but also involves the question of sovereignty over the oceans. Since Bodin published The six books of the Commonwealth (Six livres de la republique) in1576, Sovereignty were becoming the core concerns of sovereign nations. The territorial waters issues are closely related to the construction of national sovereignty. Like Grotius and Selden, Bynkershoek also discussed the issue of ownership at first in order to explore the territorial waters. But the difference is that the geographical discovery in the ocean caused terrestrial mode of thinking, Bynkershoek through practical approach to ensure the requirements of the adjacent waters of each sovereign state, but at the same time he suggests a new world empire or an unique marine hegemony.