Grotius' S Theory Of Marine Freedom

Geographical discoveries have spawned a debate about the rights of the Oceans in human world.In the early 17 th century,emerging marine countries such as the Netherlands and Britain tried to challenge Portugal and Spain's monopoly on the ocean.In 1602,the Dutch East India Company's ships captured the Catherine merchant ship of Portugal in the Strait of Malacca.The Dutch East India Company took possession of these amazingly valuable cargoes and thus caused an international dispute.In 1609,the famous Dutch scholar Hugo Grotius published Mare Liberum,which was his defense for the famous "Katherine case".In Mare Liberum,Grotius proposed the theory of maritime freedom to refute Spain and Portugal's maritime sovereignty theory.Because it violated the interests of Portugal,Spain,and Britain,it was opposed by many scholars.However,after centuries of development,especially in the second half of the 20 th century,along with the prosperity of trade and the deepening of globalization,the freedom of the sea has become a principle of the law of the sea and universally accepted by all countries in the world,and has gradually been incorporated into international treaties and customary law.In the course of more than four hundred years of development,the principle of the freedom of the sea proposed by Hugo Grotius in Mare Liberum has now become the basis of modern law of the sea.This paper is based on the Latin text of Mare Liberum to carry out the research of Grotius' s marine freedom.The first is to examine the text of Mare Liberum.It is necessary to review the original text when studying the theory of marine freedom,in order to make this theoretical study more accurate.The first part introduces the historical context of Mare Liberum,includes writing background and writing intention,and then analyzes the structure of Mare Liberum,which is composed of multiple propositions and their argumentation process,and lists the reasoning structure of one of the propositions.Finally,it combines various translations of Mare Liberum to explain the main translation disputes in Mare Liberum.The second part is to discuss the theoretical origin and realistic basis of Grotius' s marine freedom theory,combing the views of relevant jurists,theologians,philosophers and classic works that have been cited many times in Mare Liberum and discusses the realistic basis of the existence of Mare Liberum,including objective environmental factors and individual subjective factors.The third part is centered on Mare Liberum,refining the general problems of ocean freedom theory,and analyzing the core propositions and argument methods discussed in the text from the perspective of grammar and logic.The three general issues discussed in Mare Liberum are:(1)Should the Portuguese have no sovereignty over the East Indies;(2)Should the Portuguese monopolize the Indian Ocean and its maritime navigation rights;(3)Should all people have the right of free trade.Taking these three questions as the center,draws three core propositions and discusses the propositional argument methods.This part will use the logic method to focus on the three dimensions of concept,proposition and argument,and analyze the basic concepts,core propositions and argument methods.The fourth part discusses the issue of Mare Liberum,it caused a fierce debate among the later jurists,with William Wilward,John Selden and Binkerschuk as the characters,discuss their views on the theory of maritime freedom.The last part is assuming that if Grotius is alive,how would he evaluate Article 87 of the United Nations Convention on the Law of the Sea? The part first discusses the evolution of Article 87 of the United Nations Convention,and analyzes the legal structure of the treaty.Then,from the perspective of Grotius,comments on Article 87 of the Convention,and analyzes his attitude towards specific treaty payments.In summary,the research of this paper starts with the analysis of the Latin text of Mare Liberum and ends with the comment of Article 87 of the United Nations Convention on the Law of the Sea.In order to providing the resources of intellectual history for the the complex marine environment.