About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

31 Brook. J. Int'l L. 741 (2005-2006)
Constructing International Law in the East Indian Seas: Property, Sovereignty, Commerce and War in Hugo Grotius' de Iure Praedae - The Law of Prize and Booty, or on How to Distinguish Merchants from Pirates

handle is hein.journals/bjil31 and id is 741 raw text is: CONSTRUCTING INTERNATIONAL LAW IN THE EAST INDIAN SEAS: PROPERTY, SOVEREIGNTY, COMMERCE AND WAR IN HUGO GROTIUS' DE IURE PRAEDAE-THE LAW OF PRIZE AND BOOTY, OR ON HOW TO DISTINGUISH MERCHANTS FROM PIRATES Ileana M Porras* 1. INTRODUCTION T hroughout history, and across the globe, peoples and nations have encountered and entered into relationship with one another. While keeping in mind the dangers of oversimplification, it could nevertheless be argued that despite their variety, international relations fall mostly into either of two familiar types: The first takes the form of war or con- quest, while the second pertains to commerce or international trade., It is evident that these two categories are not mutually exclusive; war and trade have often gone hand in hand. War has more often than not served the needs of commerce, while commerce has fueled the capacity for war. Nevertheless, war and trade have traditionally been treated as distinct and even antithetical realms of international relations. War, typically as- sociated with state-on-state violence, destruction and subjugation, is un- derstood as international relations pursued by public authorities un- der the register of coercion-war is antagonistic and creates enmity. Trade, on the other hand, imagined as involving private commercial transactions and associated with reciprocity and mutual advantage, is * Visiting Professor, Arizona State University College of Law. I would like to thank the organizers and participants of the War and Trade Symposium for a rich and enjoyable experience. The work and friendship of many of the participants have over the years served as a great inspiration and support. I would also like to thank the remarkable group of Grotius scholars who welcomed me in their midst and, in the course of the workshop on Piracy, Property, Punishment-Hugo Grotius and De lure Praedae, held at the Neth- erlands Institute of Advanced Studies (NIAS) in June 2005, introduced me to a new mul- tidisciplinary Grotius. Special thanks, however, go to Dan Danielsen for his careful and generous reading of an early draft of this article, but above all for his unflagging encour- agement and friendship on the journey. 1. Another form of international relations that intersects with the first two in a num- ber of complicated ways and is perhaps equally pervasive is that of religious or spiritual propagation. The exploration of this third leg of the international relations stool however, is beyond the scope of this article.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most