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Topic: Cornelius Bynkershoek


  
 [No title]
Van Bynkershoek declares that he is not sure of the truth of this assertion and sharply censures some decrees of the Dutch Government recognizing a right of recapture of prizes that already lawfully had passed into the hands of their new owners, either captors or legitimate buyers.
Van Bynkershoek quotes the destruction of the Spanish fleet by the Dutch in the English port of Downs in 1639, and the siege of the Dutch East Indian fleet by the English in the Norwegian port of Bergen in 1665 notwithstanding the fierce resistance of the Danes.
Van Bynkershoek, of course, refers to his previous dissertation on the dominion of the sea and recalls his distinction between the marginal sea of a country, which belongs to its territory, and the open or high sea not subordinate to any sovereign at all.
www.constitution.org /bynk/bynk.txt   (18999 words)

  
  Cornelius Bynkershoek - Wikipedia, the free encyclopedia
Cornelius Bynkershoek (born 1673, died 1743) was a Dutch jurist and legal theorist who contributed to the development of international law in works like De dominio maris (1702).
Van Bynkershoek was especially important in the development of the Law of the Sea.
In particular he argued that coastal states have a right to the adjoining waters.
en.wikipedia.org /wiki/Cornelius_Bynkershoek   (130 words)

  
 Ruse de Guerre
Bynkershoek has substituted the notion of "engagement" for Grotius' and Vattel's "good faith", which is significant in that it replaces the general requirement that one keep faith for the sake of humanity with a legalist interpretation that must specify an obligation owed to a specific party.
Bynkershoek's notion of engagement, and Grotius' and Vattel's idea of good faith, have a general instance in those situations where trust must be presupposed.
The prime difficulty for theorists like Bynkershoek who define war negatively as the absence of all obligation, relation, and engagement with an enemy (Hobbes's state of nature being the root paradigm for this), is the identification of an enemy.
www.aloha.net /~stroble/Ruse_de_guerre.wpd.html   (7063 words)

  
 Search Results for "Cornelius"
Cornelius, in the New Testament, centurion of an Italian cohort stationed at Caesarea, one of the first Gentile converts and traditionally first bishop of Caesarea....
Cornelius, Peter, (pa´tr korna´leoos) (KEY), 1824-74, German composer and poet; follower of Liszt and Wagner.
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www.bartleby.com /cgi-bin/texis/webinator/sitesearch?FILTER=col65&query=Cornelius   (239 words)

  
 Cornelius P. Van Ness - Search Results - MSN Encarta
Van Niel, Cornelius Bernardus, (1897-1985), American microbiologist who was the first scientist to understand the chemical basis of photosynthesis....
The legal basis for claims of territorial sovereignty over the high seas was dealt a severe blow by the Dutch jurist Hugo Grotius, regarded as the...
Cornelius, Peter von (1783-1867), German painter, who was a leader of the Nazarene movement.
encarta.msn.com /encnet/refpages/search.aspx?q=Cornelius+P.+Van+Ness   (140 words)

  
 Cornelius van Bynkershoek - LoveToKnow 1911
CORNELIUS VAN BYNKERSHOEK (1673-1743), Dutch jurist, was born at Middleburg in Zeeland.
In the prosecution of his legal studies, and while holding the offices first of member and afterwards of president of the supreme court, he found the common law of his country so defective as to be nearly useless for practical purposes.
This page was last modified 23:56, 2 Sep 2006.
www.1911encyclopedia.org /Cornelius_van_Bynkershoek   (148 words)

  
 Cornelius van Bynkershoek - Encyclopedia.com
Cornelius van Bynkershoek, 1673-1743, Dutch writer on international law.
His De dominio maris [on the rule of the seas] (1702, tr.
It was Bynkershoek who first proposed the "three-mile limit" rule, which states that a nation may claim sovereignty over territorial waters to a distance of 3 mi (4.8 km) from shore.
www.encyclopedia.com /doc/1E1-Bynkersh.html   (231 words)

  
 Quaestionum Juris Publici, Libri Duo. Leiden, 1737 - BYNKERSHOEK, CORNELIUS VAN
BYNKERSHOEK, CORNELIUS VAN Quaestionum Juris Publici, Libri Duo.
One of the most important jurists and international lawyers of his time, Bynkershoek was a Dutch jurist who founded the positive school of international law, which held that usage and practice were more important than deductions drawn from natural law.
He was also the first to propose the "three-mile limit" rule, which states that a nation may claim sovereignty over territorial waters to a distance of three miles from shore.
www.antiqbook.com /boox/law/43754.shtml   (306 words)

  
 Legal Aspects of Contemporary Marine Fisheries   (Site not responding. Last check: 2007-10-26)
The Dutch delegation put forward the argument that the regent's sovereignty over the ocean is limited to that portion of the sea which can be controlled from a cannon on the land.
Although the birth of this rule is commonly ascribed to the Dutch jurist, Cornelius van Bynkershoek, it appears that he was not the first to advance it.
However, there can be no doubt that van Bynkershoek's writings contributed greatly to the acceptance of this rule by a large number of States.
cdserver2.ru.ac.za /cd/011120_1/Aqua/MarineFisheries/CHAP2/CANON.HTM   (278 words)

  
 Amazon.ca: Cornelius Van Bynkershoek: His Role in the History of International Law: Books   (Site not responding. Last check: 2007-10-26)
The primary aim of this work is to present a critical analysis of the writings of Cornelius van Bynkershoek (1673--1743), an eminent Dutch jurist known traditionally as a `positivist', in the history of international law.
The construction of Bynkershoek's general theory of the law of nations is covered in the first part.
The final part discusses the `genealogy' of Bynkershoek's works, namely his relation to Grotius and to his later generations of publicists.
www.amazon.ca /exec/obidos/ASIN/9041105999   (349 words)

  
 Cornelii Taciti libri qui supersunt   (Site not responding. Last check: 2007-10-26)
Cornelius Agrippa, the Humanist Theologian and His Declamations
Cornelius O Dowd upon Men and Women and Other Things in General 3 Volumes
Cornelius Van Bynkershoek: His Contribution to the Development of International Law
buydiscountedbooks.com /12361_cornelius-nepos-l467/cornelius-nepos.html   (77 words)

  
 BRILL   (Site not responding. Last check: 2007-10-26)
Cornelius van Bynkershoek: His Role in the History of International Law
Part 3: Genealogy: Bynkershoek\'s Works in the Stream of Legal Thoughts of the Law of Nations.
Scholars and others interested in the past and future direction of international law as a whole will not want to miss this highly original offering.
www.brill.nl /product.asp?ID=20268   (386 words)

  
 Law Books International Law Books
One of the most important jurists and international lawyers of his time, Bynkershoek was a Dutch jurist who founded the positive school of international law, which held that usage and practice were more important than deductions drawn from natural law.
He was also the first to propose the “three-mile limit” rule, which states that a nation may claim sovereignty over territorial waters to a distance of three miles from shore.
A brilliant examination of international law and the customs of war, it was reissued in 1930 as a title in the Carnegie Classics of International Law series.
www.lawbookexchange.com /cat42/law-books-cat42-1.html   (1624 words)

  
 News | Gainesville.com | The Gainesville Sun | Gainesville, Fla.   (Site not responding. Last check: 2007-10-26)
Cornelius Bynkershoek (born 1673, died 1743) was a Dutch jurist and legal theorist who contributed to the development of international law in works like De dominio maris (1702).
Van Bynkershoek was especially important in the development of the Law of the Sea.
In particular he argued that coastal states have a right to the adjoining waters.
www.gainesville.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=Cornelius_Bynkershoek   (119 words)

  
 Robert Carlyle Byrd   (Site not responding. Last check: 2007-10-26)
of Vimy Bynkershoek, Cornelius van Bynner, Witter Byrd, Harry Flood Byrd, Richard Evelyn Byrd, Robert Carlyle Byrd, William, English composer Byrd, William, 16521704, English planter in colonial...
of Vimy Bynkershoek, Cornelius van Bynner, Witter Byrd, Harry Flood Byrd, Richard Evelyn Byrd, Robert Carlyle Byrd, William Byrd, William Byrd, William Byrde, William Byrhtnoth Byrne, Jane Byrnes...
Bynkershoek, Cornelius van Bynner, Witter Byrd Land Byrd, Harry Flood Byrd, Richard Evelyn Byrd, Robert Carlyle Byrd, William Byrde, William Byrhtnoth Byrne, Jane byproduct byproduct BYPS BYPU Byr Byr...
robertbyrd.scanrobert.com /robertcarlylebyrd   (1026 words)

  
 International_law
In the 18th century legal positivism became popular and found its way into international legal philosophy.
The principal figure among 18th century positivists was Cornelius van Bynkershoek, a celebrated Dutch jurist who asserted that the bases of international law were customs and treaties commonly consented to by various states.
A second positivist, John Jacob Moser was a prolific German scholar who emphasized the importance of state practice in international law.
www.brainyencyclopedia.com /encyclopedia/i/in/international_law.html   (3408 words)

  
 Mare Liberum
In De Domino Maris, van Bynkershoek argued that a nation’s Territorial Sea should not extend beyond a distance it could physically control, in the same sense that it controlled its land.
Effectively van Bynkershoek argued that the width of the Territorial Sea should be three miles, and this concept was accepted by virtually all coastal states until the early part of the 20th century.
Not surprisingly, England was not immediately receptive to van Bynkershoek’s arguments and did not accept the canon shot rule and the concept of res communis for roughly another hundred years.
www.soest.hawaii.edu /oceanography/courses_html/OCN331/CHAPTER13.doc   (6645 words)

  
 AllRefer.com - Cornelius van Bynkershoek (Law, Biography) - Encyclopedia
AllRefer.com - Cornelius van Bynkershoek (Law, Biography) - Encyclopedia
Cornelius van Bynkershoek[kOrnA´lis vAn bing´kurs-hOOk] Pronunciation Key, 1673–1743, Dutch writer on international law.
More articles from AllRefer Reference on Cornelius van Bynkershoek
reference.allrefer.com /encyclopedia/B/Bynkersh.html   (220 words)

  
 Primary Source Microfilm's Online Guides
A treatise on the law of war : translated from the original Latin of Cornelius van Bynkershoek : being the first book of his Quaestiones juris publici : with notes.
A practical treatise on the law of nations : relative to the legal effect of war on the commerce of belligerents and neutrals, and on orders in council and licenses.
; 22 cm.; US-99-31; to which are added, extracts from Grotius, Bynkershoek, and Vattel ; also, the letter of Sir William Scott, and of the Duke of Newcastle, &c.
microformguides.gale.com /browsesubset.asp?colldocid=1012017&Page=1   (438 words)

  
 Find in a Library: Cornelius van Bynkershoek : his role in the history of international law
Find in a Library: Cornelius van Bynkershoek : his role in the history of international law
Cornelius van Bynkershoek : his role in the history of international law
WorldCat is provided by OCLC Online Computer Library Center, Inc. on behalf of its member libraries.
worldcatlibraries.org /wcpa/ow/8ceaab63cf83cae8a19afeb4da09e526.html   (73 words)

  
 TIME Magazine Archive Article -- Shrinking the Oceans -- Aug. 16, 1971   (Site not responding. Last check: 2007-10-26)
The dominion of the land ends where the power of its arms ends.
—Dutch Jurist Cornelius van Bynkershoek, 1703 What was good enough for Jurist Bynkershoek was long good enough for nations and legal scholars.
In 1793, the U.S. formally declared a territorial limit of three miles, or as far as a cannon of those days could shoot.
www.time.com /time/archive/printout/0,23657,877226,00.html   (158 words)

  
 [No title]
DE DOMINIO MARIS DISSERTATIO / BY CORNELIUS VAN BYNKERSHOEK ; WITH AN ENGLISH TRANSLATION BY RALPH VAN DEMAN MAGOFFIN, AND AN INTRODUCTION BY JAMES BROWN SCOTT.
OVER AMBASSADORS IN BOTH CIVIL AND CRIMINAL CASES / BY CORNELIUS VAN BYNKERSHOEK ; WITH AN ENGLISH TRANSLATION BY GORDON J. Buffalo, N.Y. : Hein, 1995.
QUAESTIONUM JURIS PUBLICI LIBRI DUO / BY CORNELIUS VAN BYNKERSHOEK.
law.uark.edu /library/acquisitions/2001/july01.htm   (2758 words)

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