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The freedom of the seas

Chapter 8: CHAPTER I
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About This Book

The treatise advances a legal argument that the oceans are open to all for navigation and commerce, rejecting claims by certain states to exclude foreigners from maritime regions and colonial trade. It marshals natural-law reasoning and precedents to argue that no state can lawfully appropriate the high seas, defends a nation's right to engage in distant commerce, and addresses objections concerning conquest and exclusive possession. Organized as a concise juridical dissertation with systematic argumentation and scholarly notes, the work aims to justify maritime freedom as a principle of international law and practice.

CAPVT I

Iure gentium quibusvis ad quosvis liberam esse navigationem

Propositum est nobis breviter ac dilucide demonstrare ius esse Batavis, hoc est, Ordinum Foederatorum Belgico-Germaniae subditis ad Indos, ita uti navigant navigare, cumque ipsis commercia colere. Fundamentum struemus hanc iuris gentium, quod primarium vocant regulam certissimam, cuius perspicua atque immutabilis est ratio; licere cuivis genti quamvis alteram adire, cumque ea negotiari.

Deus hoc ipse per naturam loquitur, cum ea cuncta quibus vita indiget, omnibus locis suppeditari a natura non vult: artibus etiam aliis alias gentes dat excellere. Quo ista, nisi quod voluit mutua egestate et copia humanas foveri amicitias, ne singuli se putantes sibi ipsis sufficere, hoc ipso redderentur insociabiles? Nunc factum est ut gens altera alterius suppleret inopiam, divinae iustitiae instituto, ut eo modo (sicut Plinius dicit[1a]) quod genitum esset uspiam, apud omnes natum videretur. Poetas itaque canentes audimus:

Nec vero terrae ferre omnes omnia possunt.[2a]

Item:

Excudent alii,

et quae sequuntur.[3a]

CHAPTER I

By the Law of Nations navigation is free to all persons whatsoever

My intention is to demonstrate briefly and clearly that the Dutch—that is to say, the subjects of the United Netherlands—have the right to sail to the East Indies, as they are now doing, and to engage in trade with the people there. I shall base my argument on the following most specific and unimpeachable axiom of the Law of Nations, called a primary rule or first principle, the spirit of which is self-evident and immutable, to wit: Every nation is free to travel to every other nation, and to trade with it.

God Himself says this speaking through the voice of nature; and inasmuch as it is not His will to have Nature supply every place with all the necessaries of life, He ordains that some nations excel in one art and others in another. Why is this His will, except it be that He wished human friendships to be engendered by mutual needs and resources, lest individuals deeming themselves entirely sufficient unto themselves should for that very reason be rendered unsociable? So by the decree of divine justice it was brought about that one people should supply the needs of another, in order, as Pliny the Roman writer says,[1] that in this way, whatever has been produced anywhere should seem to have been destined for all. Vergil also sings in this wise:

Not every plant on every soil will grow,”[2]

and in another place:

Let others better mould the running mass
Of metals,” etc.[3]