An Essay on Privateers, Captures, and Particularly on Recaptures

An Essay on Privateers, Captures, and Particularly on Recaptures PDF

Author: Georg Friedrich Martens

Publisher: The Lawbook Exchange, Ltd.

Published: 2004

Total Pages: 266

ISBN-13: 1584774010

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Martens, [Georg Friedrich von]. An Essay on Privateers, Captures, and Particularly on Recaptures, According to the Laws, Treaties, and Usages of the Maritime Powers of Europe. To Which is Subjoined, A Discourse, In Which the Rights and Duties of Neutral Powers are Briefly Stated. Translated From the French, With Notes by Thomas Hartwell Horne. London: Printed for E. and R. Brooke, and J. Rider, 1801. xx, 240, [4] pp. Reprinted 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-401-0. Cloth. $95. * Reprint of the first English edition. The Discourse is an extract from the author's Summary of the Modern Law of the Nations of Europe (1789). Martens [1756-1821] was a German diplomat and jurist who published several important treatises on international law. Like Bynkershoeck and Moser, Martens rejected the idea that international law derived from God or nature. Instead, it is an acquired behavior practiced by civilized states. This perspective informs his Essay on Privateers, which was one of the first books on the subject. A model of rational organization, it reduces its subject to a system grounded in a set of clear principles.

An Essay on Privateers, Captures, and Particularly on Recaptures, According to the Laws, Treaties, and Usages of the Maritime Powers of Europe

An Essay on Privateers, Captures, and Particularly on Recaptures, According to the Laws, Treaties, and Usages of the Maritime Powers of Europe PDF

Author: Georg Friedrich Martens

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 66

ISBN-13: 9781230433141

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1801 edition. Excerpt: ... SECTION U. 'The Principles of the positive Law of Nations on tbi Subject of Recaptures* 55 GENERAL OBSERVATIONS. WHAT has been already said seems to prove sufficiently that a multitude of cases may offer on the subject of recaptures doubtful enough, and also difficult enough to resolve, to shew that we ought not to abandon them to the understanding alone, and to the opinion of any single judge, whose good fense is not always sufficient to produce, amid so many difficulties, uniform, just, and equitable decisions; besides, the good fense of one judge is not always that of another, and the very great value which such an one affixes to his own, is not always a proof of his insallibility. Consequently it is of infinite importance to determine by laws, conventions, and mutual declarations, what is liable to be viewed in such different lights, by the aid of mere reason. Add to this, that whatever may be the system we embrace, there may be in it sound reasons by which to attain positive determinations, by deviating in some some points from the law of nature, or by adding to what it prescribes. Admitting that the captor becomes proprietor ofhis prize when he has conducted it into a place of sasety, we may find it useful to determine, whether he shall also become proprietor of it, if he has been in possession of it during a certain time, for instance twenty-four hours. Thus, if we admit, that according to the law of nature a recapture ought always to be restored to the first proprietor, the want of encouragement for the soldier by the allurement of plunder, and for the privateer by that of prizes, added to the mutual inconveniences which a multitude of suits of reclaim" may produce, especially when after a considerable time the proof of the...

Privatizing War

Privatizing War PDF

Author: Lindsey Cameron

Publisher: Cambridge University Press

Published: 2013-03-07

Total Pages: 757

ISBN-13: 1107328683

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A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.

Privateering and Diplomacy, 1793–1807

Privateering and Diplomacy, 1793–1807 PDF

Author: Atle L. Wold

Publisher: Springer Nature

Published: 2020-07-06

Total Pages: 254

ISBN-13: 3030451860

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This book addresses the British-Danish diplomatic debate on privateering and neutral ports in the period 1793-1807, when Denmark-Norway remained neutral in the war between Britain and France. The British government protested against the use French privateers made of Norwegian ports as bases for their attacks on the British Baltic Sea and Archangel Trades, but the Danish government insisted on keeping the ports open. This led to a running dispute on the relative rights and duties of belligerents and neutrals, but also on violations of the tentative agreement that the two governments reached in 1793. The three main chapters in the book address the principled debate on privateering and neutral ports; the central role played in the debate by the British diplomatic and consular representatives in Denmark-Norway; and privateering in practice. The final two chapters look at the impact of the Dutch change of sides in the war in 1795, and the development from the official closure of the Norwegian ports to privateers in 1799 until Denmark-Norway’s entry into the war on the side of France in 1807.

Rebels at Sea: Privateering in the American Revolution

Rebels at Sea: Privateering in the American Revolution PDF

Author: Eric Jay Dolin

Publisher: Liveright Publishing

Published: 2022-05-31

Total Pages: 432

ISBN-13: 1631498266

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Winner of the Samuel Eliot Morison Award for Naval Literature Winner of the Fraunces Tavern Museum Book Award A Massachusetts Center for the Book "Must-Read" Finalist for the New England Society Book Award Finalist for the Boston Authors Club Julia Ward Howe Book Award The bestselling author of Black Flags, Blue Waters reclaims the daring freelance sailors who proved essential to the winning of the Revolutionary War. The heroic story of the founding of the U.S. Navy during the Revolution has been told many times, yet largely missing from maritime histories of America’s first war is the ragtag fleet of private vessels that truly revealed the new nation’s character—above all, its ambition and entrepreneurial ethos. In Rebels at Sea, best-selling historian Eric Jay Dolin corrects that significant omission, and contends that privateers, as they were called, were in fact critical to the American victory. Privateers were privately owned vessels, mostly refitted merchant ships, that were granted permission by the new government to seize British merchantmen and men of war. As Dolin stirringly demonstrates, at a time when the young Continental Navy numbered no more than about sixty vessels all told, privateers rushed to fill the gaps. Nearly 2,000 set sail over the course of the war, with tens of thousands of Americans serving on them and capturing some 1,800 British ships. Privateers came in all shapes and sizes, from twenty-five foot long whaleboats to full-rigged ships more than 100 feet long. Bristling with cannons, swivel guns, muskets, and pikes, they tormented their foes on the broad Atlantic and in bays and harbors on both sides of the ocean. The men who owned the ships, as well as their captains and crew, would divide the profits of a successful cruise—and suffer all the more if their ship was captured or sunk, with privateersmen facing hellish conditions on British prison hulks, where they were treated not as enemy combatants but as pirates. Some Americans viewed them similarly, as cynical opportunists whose only aim was loot. Yet Dolin shows that privateersmen were as patriotic as their fellow Americans, and moreover that they greatly contributed to the war’s success: diverting critical British resources to protecting their shipping, playing a key role in bringing France into the war on the side of the United States, providing much-needed supplies at home, and bolstering the new nation’s confidence that it might actually defeat the most powerful military force in the world. Creating an entirely new pantheon of Revolutionary heroes, Dolin reclaims such forgotten privateersmen as Captain Jonathan Haraden and Offin Boardman, putting their exploits, and sacrifices, at the very center of the conflict. Abounding in tales of daring maneuvers and deadly encounters, Rebels at Sea presents this nation’s first war as we have rarely seen it before.