Are the seas free to all nations?

Translation: quotations from Hugo Grotius are quoted in Ralph van Deman Magoffin's 1916 English translation; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition), not his original words.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; quoted in Ralph van Deman Magoffin's 1916 English translation): Hugo Grotius believed that the seas are common to all nations by natural law and the law of nations, because they are limitless and adapted for universal use. He argued that the sea, like the air and shore, is not susceptible of private ownership and is open to all men. (key quote above) [1]
• BELIEF (undated; quoted in Ralph van Deman Magoffin's 1916 English translation): Hugo Grotius believed that the seas are by nature open to all persons and that no law intimates otherwise. He argued that while certain peoples may agree on jurisdiction over parts of the sea, such agreements do not make those areas private property and do not bind other nations. "We recognize, however, that certain peoples have agreed that pirates captured in this or in that part of the sea should come under the jurisdiction of this state or of that, and further that certain convenient limits of distinct jurisdiction have been apportioned on the sea." [2]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that the sea is common property and should be free for all nations to use, provided it does not cause inconvenience or prejudice to others. He argued that the sea's vastness allows all nations to use it for fishing, sailing, and other purposes without conflict. "For the magnitude of the sea is such, as to be sufficient for the use of all nations, to allow them without inconvenience and prejudice to each other the right of fishing, sailing, or any other advantage which that element affords." [3]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that the sea can be claimed as property by a power possessing the adjacent shores, but only under certain conditions. He argued that such a right does not apply where the sea is so vast that it cannot be compared to the land it washes, and that the right may be shared among multiple states. (key quote above) [4]
• ACTION (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius set his hand to a work entitled 'Mare Librum,' in which he defended the freedom of the sea and the maritime rights of his country against the arrogant pretensions of the Portuguese in suppressing the commerce of other nations in Eastern waters. "Grotius set his hand to a work entitled 'Mare Librum,' in which he defended the freedom of the sea and the maritime rights of his country against the arrogant pretensions of the Portuguese in suppressing the commerce of other nations in Eastern waters" [5]
• ACTION (editor's note) (undated; editor's note, not his words; quoted in Ralph van Deman Magoffin's 1916 English translation): Hugo Grotius prepared, but did not publish, a reply to Welwod's first attack in 1613. The reply was entitled 'Defensio Capitis Quinti Maris Liberi Oppugnati a Gulielmo Welwodo Juris Civilis Professore, Capite XXVII ejus Libri Scripti Anglica Sermone cui Titulum Fecit Compendium Legum Maritimarum.' It was discovered at the same time as the commentary 'De Jure Praedae' and was published in 1872 in Muller's 'Mare Clausum, Bijdrage tot de geschiedenis der rivaliteit van Engeland en Nederland in de zeventiende eeuw.' "Grotius prepared, but did not publish, a reply to Welwod's first attack, entitled Defensio Capitis Quinti Maris Liberi Oppugnati a Gulielmo Welwodo Juris Civilis Professore, Capite XXVII ejus Libri Scripti Anglica Sermone cui Titulum Fecit Compendium Legum Maritimarum." [6]
• ACTION (editor's note) (undated; editor's note, not his words; quoted in Ralph van Deman Magoffin's 1916 English translation): The editor reports that Hugo Grotius authored the Mare Liberum, a work concerning the freedom of the seas, but does not specify any action by Grotius with a date. "For the freedom of the seas and the relation of Grotius to the doctrine, see Ernest Nys's Les Origines du Droit International (1894), pp. 379–387, and the same author's Etudes de Droit International et de Droit Politique, 2e série (1901), Une Bataille de Livres, pp. 260–272." [7]

What cuts against it

• ACTION (undated; editor's note, not his words; quoted in Ralph van Deman Magoffin's 1916 English translation): The editor reports that Hugo Grotius prepared, but did not publish, a reply to Welwod's first attack in 1613, suggesting that he may have engaged in nuanced legal arguments that were not fully published. "Grotius prepared, but did not publish, a reply to Welwod's first attack..." [6]

2. HOW IT APPLIES (reasoning; inference is marked)

1. Hugo Grotius argued that the sea is common to all nations by natural law and the law of nations because it is limitless and adapted for universal use. [1]

2. He believed that the sea cannot become private property and that no part of it can be considered the territory of any people. [8]

3. He supported the idea that the sea is common property and should be free for all nations to use, provided it does not cause inconvenience or prejudice to others. [3]

4. He acknowledged that the sea can be claimed as property by a power possessing the adjacent shores under certain conditions, but only where the sea is not so vast that it cannot be compared to the land it washes. [4]

5. He defended the freedom of the sea and the maritime rights of his country against the Portuguese in suppressing the commerce of other nations in Eastern waters. [5]

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: Hugo Grotius believed that the seas are free to all nations by natural law and the law of nations. He argued that the sea is not susceptible of private ownership and is open to all men. He also acknowledged that the sea can be claimed as property by a power possessing the adjacent shores under certain conditions, but only where the sea is not so vast that it cannot be compared to the land it washes.

Competing readings: One reading is that Grotius believed the sea is common to all nations and cannot be claimed as private property. Another reading is that he acknowledged the possibility of claiming the sea as property under certain conditions. The record itself supports both readings.

Confidence: High, based on the direct statements in his writings and the actions he took in defending the freedom of the seas.