Farthing on International Shipping by Proshanto K. Mukherjee

By Proshanto K. Mukherjee

The booklet offers an creation to delivery in all its elements. it's a invaluable resource of data for college kids of conventional maritime legislations in addition to when you search to appreciate maritime and delivery providers on an international scale. The textual content comprises details and analytical content material on nationwide and foreign practices in delivery, together with the age-old dichotomy among freedom in foreign transport and the continual calls for of states to manage particular maritime components, in addition to the strain among, at the one hand, the need at the a part of sovereign states to manage and guard their transport pursuits and, at the different, the abiding hindrance and unquestioned correct of the overseas group to control the worldwide delivery successfully, in an effort to ascertain maritime security, safety of our surroundings and reasonable competition.

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Extra resources for Farthing on International Shipping

Sample text

This is a concept, in part a dilemma, frequently seen during the history of maritime affairs. Even those who espouse freedom in shipping today, often really mean freedom for themselves on the back of restrictions on others. Later, supremacy passed to the Greeks and a law governing maritime matters began to develop. This covered such elements as: • The treatment of shipwrecked sailors. • The jurisdiction of those courts dealing with maritime matters. • Rules regarding blockade and piracy. Early Development of Maritime Law 3 • The settlement of disputes arising under maritime contracts (early commercial courts).

The sixteenth and seventeenth centuries also saw the Dutch developing into a major commercial, trading and maritime nation. It has been said that whilst the English were drawn to the sea (and still are today) the Dutch were “driven to it”, because their small, loose-knit, country was unable to support its people and was in any event constantly being ravaged by wars. It was the growth of Dutch seaborne trade which led to conflict with others and to the pronouncements of their famous philosopher and jurist, Hugo de Groot (“Grotius” in latin), about freedom of the seas which essentially focused on freedom to navigate the seas and to engage in global trade through shipping.

Drawing on Rhodian and Roman law and practices in the Mediterranean, Grotius argued that the seas were res nullius and incapable of occupation, and further, that the Portuguese had not “legally” occupied the “Indies” (whatever the spiritual position might have been) and had no title to “occupy” the seas. In short, he was the first man to set out in any detail the legal principle (despite stutterings to somewhat similar effect in earlier years) that “navigation was free to all and that no one country could lay claim to the seas on the basis that their navigators were the first to sail on it”.

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