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Chapter Summary

This is the introductory chapter of the book Navigational Servitudes: Sources, Applications, Paradigms. It talks about the common navigational freedom principle which also has come to be applied under United States municipal law for municipal navigable waters as derived from the English legal tradition. Here, therefore, the approach taken is one of refining, to render the international law and municipal law navigational freedom concepts in confirmation of the consistent juridical principle as both evident and at work. The focus is to confirm, that there is a common juridical principle of navigational freedom; and that the evolution of governmental and public navigational servitudes as applied by the United States are derived from that common principle beginning with the Grotius/Selden contest over European navigation as an international law high seas freedom in the 17th and 18th centuries.

Keywords: 17th century; European navigation; international law; municipal law; navigational freedom principle; United States



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