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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.

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