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Freedom Of The Seas
Freedom of the seas ( la, mare liberum, lit. "free sea") is a principle in the law of the sea. It stresses freedom to navigate the oceans. It also disapproves of war fought in water. The freedom is to be breached only in a necessary international agreement. This principle was one of U.S. President Woodrow Wilson's Fourteen Points proposed during the First World War. In his speech to the Congress, the president said: The United States' allies Britain and France were opposed to this point, as the United Kingdom was also a considerable naval power at the time. As with Wilson's other points, freedom of the seas was rejected by the German government. Today, the concept of "freedom of the seas" can be found in the United Nations Convention on the Law of the Sea under Article 87(1) which states: "the high seas are open to all states, whether coastal or land-locked". Article 87(1) (a) to (f) gives a non-exhaustive list of freedoms including navigation, overflight, the layin ...
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Landlocked Country
A landlocked country is a country that does not have territory connected to an ocean or whose coastlines lie on endorheic basin, endorheic basins. There are currently 44 landlocked countries and 4 landlocked list of states with limited recognition, de facto states. Kazakhstan is the world's largest landlocked country while Ethiopia is the world’s most populous landlocked country. In 1990, there were only 30 landlocked countries in the world. The dissolution (politics), dissolutions of the dissolution of the Soviet Union, Soviet Union and dissolution of Czechoslovakia, Czechoslovakia; the breakup of Yugoslavia; the independence referendums of 1992 South Ossetian independence referendum, South Ossetia (partially recognized), 1993 Eritrean independence referendum, Eritrea, 2006 Montenegrin independence referendum, Montenegro, 2011 South Sudanese independence referendum, South Sudan, and the 2014 Donbas status referendums#Referendum in Luhansk Oblast, Luhansk People's Republic (p ...
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UNCLOS
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 countries and the European Union are parties. The Convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. It is uncertain as to what extent the Convention codifies customary international law. While the Secretary-General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the United Nations Secretariat has no direct operational role in the implementation of the Convention. A UN specialized agenc ...
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Jus Gentium
The '' ius gentium'' or ''jus gentium'' (Latin for "law of nations") is a concept of international law within the ancient Roman legal system and Western law traditions based on or influenced by it. The ''ius gentium'' is not a body of statute law nor a legal code, but rather customary law thought to be held in common by all ''gentes'' ("peoples" or "nations") in "reasoned compliance with standards of international conduct". Following the Christianization of the Roman Empire, canon law also contributed to the European ''ius gentium''. By the 16th century, the shared concept of the ''ius gentium'' disintegrated as individual European nations developed distinct bodies of law, the authority of the Pope declined, and colonialism created subject nations outside the West. Roman law In classical antiquity, the ''ius gentium'' was regarded as an aspect of natural law ''(ius naturale)'', as distinguished from civil law ''(ius civile)''. The jurist Gaius defined the ''ius gentium'' as wha ...
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Francisco De Vitoria
Francisco de Vitoria ( – 12 August 1546; also known as Francisco de Victoria) was a Spanish Roman Catholic philosophy, philosopher, theology, theologian, and jurist of Renaissance Spain. He is the founder of the tradition in philosophy known as the School of Salamanca, noted especially for his concept of just war and international law. He has in the past been described by scholars as the "father of international law", along with Alberico Gentili and Hugo Grotius, though some contemporary academics have suggested that such a description is anachronistic, since the concept of postmodern international law did not truly develop until much later. American jurist Arthur Nussbaum noted Vitoria's influence on international law as it pertained to the right to trade overseas. Later this was interpreted as "freedom of commerce". Life Vitoria was born in Burgos or Vitoria-Gasteiz and was raised in Burgos, the son of Pedro de Vitoria, of Alava, and Catalina de Compludo, both of noble fami ...
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Freedom Of Navigation
Freedom of navigation (FON) is a principle of law of the sea that ships flying the flag of any sovereign state shall not suffer interference from other states, apart from the exceptions provided for in international law. In the realm of international law, it has been defined as “freedom of movement for vessels, freedom to enter ports and to make use of plant and docks, to load and unload goods and to transport goods and passengers". This right is now also codified as Article 87(1)a of the 1982 United Nations Convention on the Law of the Sea. Not all UN member states have ratified the convention; notably, the United States has not signed nor ratified the convention. However, the enforces the practice; see below. History Development as a legal concept Freedom of navigation as a legal and normative concept has developed only relatively recently. Until the early modern period, international maritime law was governed by customs that differed across countries’ legal systems a ...
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Indian Ocean
The Indian Ocean is the third-largest of the world's five oceanic divisions, covering or ~19.8% of the water on Earth's surface. It is bounded by Asia to the north, Africa to the west and Australia to the east. To the south it is bounded by the Southern Ocean or Antarctica, depending on the definition in use. Along its core, the Indian Ocean has some large marginal or regional seas such as the Arabian Sea, Laccadive Sea, Bay of Bengal, and Andaman Sea. Etymology The Indian Ocean has been known by its present name since at least 1515 when the Latin form ''Oceanus Orientalis Indicus'' ("Indian Eastern Ocean") is attested, named after Indian subcontinent, India, which projects into it. It was earlier known as the ''Eastern Ocean'', a term that was still in use during the mid-18th century (see map), as opposed to the ''Western Ocean'' (Atlantic Ocean, Atlantic) before the Pacific Ocean, Pacific was surmised. Conversely, Ming treasure voyages, Chinese explorers in the Indian Oce ...
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John Selden
John Selden (16 December 1584 – 30 November 1654) was an English jurist, a scholar of England's ancient laws and constitution and scholar of Jewish law. He was known as a polymath; John Milton hailed Selden in 1644 as "the chief of learned men reputed in this land." Early life He was born at Salvington, in the parish of West Tarring, West Sussex (now part of the town of Worthing), and was baptised at St Andrew's, the parish church. The cottage in which he was born survived until 1959 when it was destroyed by a fire caused by an electrical fault. His father, also named John Selden, had a small farm. It is said that his skill as a violin-player was what attracted his wife, Margaret, who was from a better family, being the only child of Thomas Baker of Rustington and descended from a knightly family of Kent. Selden was educated at the free grammar school at Chichester, The Prebendal School, and in 1600 he went on to Hart Hall, Oxford. In 1603, he was admitted to Cliffor ...
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Mare Liberum
''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. 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. The disputation was directed towards the Portuguese Mare clausum policy and their claim of monopoly on the East Indian Trade. Grotius wrote the treatise while being a counsel to the Dutch East India Company over the seizing of the Santa Catarina Portuguese carrack issue. The work was assigned to Grotius by the Zeeland Chamber of the Dutch East India Company in 1608. Grotius' argument was that the sea was free to all, and that nobody had the right to deny others access to it. In chapter I, he laid out his objective, which was to demonstrate "briefly and clearly that the Dutch ..have the right to sail to the East Indies", and, also, "to engage in tra ...
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Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright. A teenage intellectual prodigy, he was born in Delft and studied at Leiden University. He was imprisoned in Loevestein Castle for his involvement in the intra-Calvinist disputes of the Dutch Republic, but escaped hidden in a chest of books that was transported to Gorinchem. Grotius wrote most of his major works in exile in France. Hugo Grotius was a major figure in the fields of philosophy, political theory and law during the 16th and 17th centuries. Along with the earlier works of Francisco de Vitoria and Alberico Gentili, he laid the foundations for international law, based on natural law in its Protestant side. Two of his books have had a lasting impact in the field of international law: ''De jure belli ac pacis'' 'On the Law of War and Peace''dedicated to Louis XIII of France and the '' ...
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Philosopher
A philosopher is a person who practices or investigates philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover of wisdom'. The coining of the term has been attributed to the Greek thinker Pythagoras (6th century BCE).. In the Classics, classical sense, a philosopher was someone who lived according to a certain way of life, focusing upon resolving Meaning of life, existential questions about the human condition; it was not necessary that they discoursed upon Theory, theories or commented upon authors. Those who most arduously committed themselves to this lifestyle would have been considered ''philosophers''. In a modern sense, a philosopher is an intellectual who contributes to one or more branches of philosophy, such as aesthetics, ethics, epistemology, philosophy of science, logic, metaphysics, social theory, philosophy of religion, and political philosophy. A philosopher may also be someone who has worked in the hum ...
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Jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ...
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