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Subjecting International Relations to the Law of Nature

A Neglected Aspect of the Early Modern Jurists and Edmund Burke

Camilla Boisen

In this article, I deal with the issue of how the early modern thinkers dealt, over time, with the question of 'international law' and its enforcement. To draw out Burke's underappreciated view of enforcement, it recounts the law of nations ideas by some of the main jurists of the period such as Vitoria, Gentili and Suárez. As is well known, their differentiation of the law of nations from the law of nature led to the gradual emergence of the legal principle and moral right of intervention to prevent gross violations of the natural law in the discourse of international justice. Such ideas were refined by Grotius, who largely equated international law with punishment, something Pufendorf and Vattel would later criticise. I argue that it is nevertheless Edmund Burke to whom we must look to bridge the two concerns of international law: authority and enforcement. Burke provided the conceptual scope needed to plausibly resolve the issues of enforcement by prescribing specific common law foundations, binding the legal and the moral in international law and presenting it as domestic law. This way of looking at Burke is under-recognised and provides insight into some of the same concerns we face today with enforcement in international law.

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“Nowhere near Somalia, Mom”

On containerizing maritime piracy and being good men

Adrienne Mannov

representation of the ocean in international maritime law has its roots in a seventeenth-century spat between Portugal and Holland over which mercantile empire could claim rights to valuable resources in the ocean. Jurist Hugo Grotius resolved the conflict by

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(Un)seen Seas

Technological Mediation, Oceanic Imaginaries, and Future Depths

Stephanie Ratté

. 2008 ; Brown 1983 ; Grotius [1609] 2009 ; Orbach 2003 ), particularly as international deliberations continue around the conservation and sustainable use of the high seas—spaces that represent some the largest common resources ( Merrie et al. 2014

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Territorial Sovereignty

A Discussion

Professor Anna Stilz and Interviewed by Dr Christine Hobden

theorists I draw on are what you might think of as proponents of colonialism, Grotius arguably, and some are opponents of colonialism: Pufendorf and Kant notably are critics of European colonialism. Especially in Kant's late work he talks about the barbarism

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Representative Government in the Dutch Provinces

The Controversy over the Stadtholderate (1705–1707) and Simon van Slingelandt

Bert Drejer

knighthood ( ridderschap ) and towns. The principal authority of De Hooghe and Van der Hoeven is Hugo Grotius who, at the outset of his Annals , proclaims that it is by these customs and “by this state of government” that peace and equity have survived in

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Annabel Brett, Fabian Steininger, Tobias Adler-Bartels, Juan Pablo Scarfi, and Jan Surman

law treaties since the Middle Ages, and the important conceptual changes advanced by canonical European figures in international political and legal thought in the early modern period, especially in Hobbes and Grotius. Chapter 1 examines the

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From Security to Peace and Concord

The Building of a Free Commonwealth in Spinoza's Political Treatise

Stefano Visentin

of Grotius but was also influenced by Machiavelli and Hobbes ( Blom 1995 , Visentin 2017 ): an original mixture of wide political participation and defence of a strong sovereignty, which drove Catherine Secrétan to define this experiment as a ‘figure

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Claims of Need in Property Law and Politics

Patrick Cockburn

). For subsequent natural law thinkers like Grotius, Hobbes and Pufendorf property rights were in the end based on a more basic imperative of the natural law that peace and human prosperity should be promoted, which, looking back on these arguments, seems

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French Perceptions of Macau as Place and Space in the Nineteenth and Twentieth Centuries

Jingzhen Xie

Théodore Duret, Voyage en Asie. Le Japon—la Chine—la Mongolie—Java—Ceylan—l'Inde [Voyage in Asia. Japan—China—Mongolia—Java—Ceylon—India] (Paris : Michel Lévy frères, 1874), 158. 36 Roy, Un français en Chine , 62. 37 Peter Borschberg, Hugo Grotius

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Poesis, God, and the Connectedness of All Beings

J. G. Herder's Comparative Method

Tanvi Solanki

jurist Hugo Grotius as having compared Homer with Ezekiel. 29 Walter Burkert was a very influential figure to relate Greek mythology to “oriental” mythologies and, taking his lead, further comparisons followed between the Old Testament and Greek and