Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Navigational Servitudes: Sources Publicists & Prerogative

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Navigation is a public right. Navigation is not a governmental right. These two concepts are key to understanding the navigational freedom principle. The public navigation right is held in public trust, as applied under municipal law and international law both by trustee municipal governments and by the international trustee collective community of governments. The source of this public right to navigation is intriguingly ancient, and became refined in international law beginning with the high seas regime debates of the 17th century publicists. The public navigation right is protected under English municipal law of the same era within the Royal Prerogative jus publicum. The interface of the public navigation rights under international law and English municipal law came about in the Selden/Grotius dispute over occupation and possession of maritime areas, which formed the fulcrum and crucible for development and evolution of the navigational freedom principle as juridically manifest in navigational servitudes.

Keywords: 17th century publicists; international law; international trustee collective community; municipal law; navigational servitudes; public navigation right; Royal Prerogative; trustee municipal governments



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Navigational Servitudes — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation