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That The Sea Leading To The Indians Or The Right Of Navigation Thereon Does Not Belong To The Portuguese By Title Of Possession

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Chapter Summary

This chapter contains the English translation of chapter V of Hugo Grotius' Mare Liberum, and screenshots of each page of the original text written in Latin. In this chapter V, it considers the question of the sea. As the sea is commonly described in law as res nullius, as common property, or as public property according to the law of nations, the significance of these different terms explain if, in imitation of the method employed by all the poets. The disputation makes it clear that the Portuguese have not established a right of property over that part of the sea which one traverses in sailing to the East Indies. Ulpian refers to private estates and to private law; but the same principle is applicable to the territories and laws of nations, since nations in their relation to the whole of mankind occupy the position of private individuals.

Keywords: East India; Portuguese; the sea; Ulpian



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