Running head: INTERNATIONAL LAW 1

International Law

Student’s Name

Professor’s Name

Institutional Affiliation

Date
INTERNATIONAL LAW 2

Even in the remotest corners of the world’: globalized piracy and international

law, 1500–1900.

Piracy is the act of robbery against the private ends committed in the air and the seas.

It does not have the authorization by the public authority because it is out of the ordinary

jurisdiction of the country. Therefore, following international law, piracy is only private and

cannot be politicized. Following the definition, piracy has been identified as a helpful

phenomenon that could and has explained the evolution of international law. According to

Kempe (2010), the period between the sixteenth and nineteenth centuries shows a perfect

interaction between piracy, transnational relation, and international law. The trans-maritime

development in trade in the high seas of Europe brought about conflicts at the locus of

worldwide encounter. This resulted from the fact that word’s oceans were opened up for

business and transactions between countries and continents.

Besides, the author was keen to state that sea robbery started as soon as the sea trade

began, and its development as a global issue led to the transfer of initial Europe conflicts to

the world. Also, the world welcomed the universal need for International like it was

developed in Europe. Dealing with international piracy led to the formation of the central

futures as well as structures featuring the interstate relations together with international law.

There is evidence of a bipolarity used in modern international law to curb piracy revolved

between autonomy and instrumentalization. In the view of Alfred P. Rubin, the adjustment in

the statutes governing piracy in the European nations have consistently been changed to meet

the requirements of the day. In such use of the law, the legitimization of imperial politics has

been experienced.

In the course of Europe's new expansion in the sixteenth century, the sea space

became a point of lawlessness because it was a tremendous free zone. Although privateering
INTERNATIONAL LAW 3

appeared to be more central compared to piracy, the political practice was in the two used in

informing and defining the maritime relations. This resulted in the struggles experienced over

the resources of the sea, giving the pirates a chance as they acted on behalf of the political

conflicts. However, the battle increased in the intensity because countries like Spain went to

the extent of demarcating their waters in the seas, demanding that passage would be granted

to those who had the express permission. In rebellion, France and other nations pushed for

unlimited freedom to access the water because the boundaries were not international valid. In

reality, the only thing these countries were fighting for was their legitimacy of privateering.

Therefore, it becomes essential to understand and differentiate between the law and the

rhetoric placed on piracy. Unfortunately, to this point, piracy had turned into a matter of

international politics other than being a global law question. This makes the water spaces a

subject of international legal controversies.

Therefore, globalized piracy has resulted in different international laws that are used

based on the unusual location of the oceans. The activities has since brought about the

modern international law and their under formations that could hence be solved. Besides, a

tool to expand the territory as well as involve the non-state participants in the relations of the

international legality were identified as key causes of problem. Therefore, an international

management of the ocean spaces globally could harness international law because it is able to

resist abuses from the political class and individuals who could have personal interests.

That Moral League of Nations against the United States’: The Origins of the

1856 Declaration of Paris.

The Declaration signed by the seven European nations in 1856, marked the beginning

of the modern international laws in the waters. The treaty was made with a primary intention

to create universal rules in the international laws that would separate the Americans. Besides,
INTERNATIONAL LAW 4

the agreement would also be used to force them to accept privateering abolition. Therefore,

the author focuses on why Britain allowed and entered into an agreement with the

Declaration by Paris. However, there is no concrete explanation as to why the Britain

government entered into a treaty agreement while it lobbied to gain the global acceptance it

currently possesses (Lemnitzer, 2013). In its Declaration, Britain was able to extend the

neutral trade freedom in an unprecedented region even during the wartime. Besides, the

multilateral treaties led to the opening of these waters for use by all states to create new rules

that could be used universally. The extension of these rights for trade in an undisturbed area

was vital because they were able to do away with the old belligerent rights tradition used in

British. Hence, for many years, the state has been able to look for properties belonging to the

enemy. The Declaration was allowed for such broad and neutral rights in Britain to gain an

abolition of privateering. This is because privateering was in no wat an anachronism, but it

was a clear plan in the United States strategy to be used in case conflict raised between them

and Britain.

Due to Declaration, a large number of privateers in Paris had their ports closed to

facilitate practice being put to an end. Thus, the treaty acted like the first multilateral

lawmaking agreement at the time one, which is still used as an intervention instrument in the

making of international law. On the other hand, French, in reaction to the Declaration liked

the glorious end of the Congress that was against the British pretense (Lemnitzer, 2013).

Thus, future problems would only be resolved through multilateral talks between the nations.

Other signatories in the Declaration, would also secure their interests in the industrial

countries so that they do away with the current regimes that were in place. This is because the

administration would best be replaced with a maritime balance of power. However, due to the

need for economic growth and development in these countries, they moved to invent a
INTERNATIONAL LAW 5

multilateral treaty for lawmaking. The invention has then been used as a tool of international

legislation.

The Moral League of Nations against the United States led to the declaration

formation that facilitated the start of the modern international law. The creation of the new

universal rules was intended by the multilateral territories with their powers and abilities.

However, the agreement made from these treaties brought about to an end to practice of

privateers. Besides, for the first time was the main instrument for law-making across the

globe. The tool is since used in the creation and implementation of the international law in

the current would of water spaces.

Legal spaces of empire: Piracy and the origins of ocean regionalism.

The research aims to show the positive relationship between pirates and the effects it

has on the legal politics of the Atlantic. The author looks at the relationship between the

strategies used in legalism in the late seventeenth and early eighteenth century. He makes use

of different sources including narratives, predominately court records as well as first-hand

information from piratical activities. These activities include the deposition of Benjamin

Franks and the description by William Kidd (Benton, 2005). In his narrative, he sailed from

London with permission to get hold of pirates, but shortly after a few captures, he was

arrested. This led to the scrutinization of having separate oceans, depending on the regions

they fall. The strategy saw him come out of the legalism using a strong piracy argument.

Besides, the European maritime realized the Mughal dominance leading to the careful merge

between the Atlantic and the Indian Ocean. The pressure intensified in an attempt to construct

a legal system that was imperialist. The system was done and expected to contain piracy

directly, but this was not completely dealt with, hence, requiring a transformation of the

European law.
INTERNATIONAL LAW 6

He also showed the division that exists between the Indian and Atlantic oceans as

different legal spaces. These divisions began way back but were at this time blurred because

clear boundary lines were identified separating the oceans. The focus of the European laws

was to address the debate that happened with Grotian intending to get their freedom to

navigate and define the territory’s sovereignty. According to Benton (2005), legal practices

globally have highly been accepted, while different laws have been employed to guide the

mariners. However, mariners used rules to their advantage, and this brought about legal

spaces being created around the globe. An attack was made to distinguish the legitimacy of

captains so that pirates were able to ships into vectors in lawlessness. Although at that

particular time, piracy was still not a problem to worry about, this later became something to

connect with legitimate sponsorship. They are also highlighting the challenges that came

along with the implemented laws towards the high seas. Besides, this was also manipulated

by the pirates so that the authority condones their activities.

In the seventeenth century, piracy was identified as a group of ship felonies, mutiny,

and unlicensed raiding. This made it difficult to differentiate between piracies and to

privateer due to inter-imperial peace and war in the states. Therefore, it was challenging to

identify the legality of these actions, even when different factors such as locations, timing,

and targets raids were used. Unfortunately, the author highlights that setting in powerful

forces could result in the current modern world could not facilitate the production of

undifferentiated spaces. The globalized legal practices could harness different regional

trajectories that would hence, lead to spatial distribution.

In conclusion, following the three articles presented above it is true to say that piracy

has helped in the evolution of international law. Piracy was highly globalized in the legal

system around the world making it easy to make laws out of what was previously formed.

Besides, entering into treaty agreements between states helped in the fight for multi-lateral
INTERNATIONAL LAW 7

law making that could be effectively used for international law. Thus, with the legalization of

space in different regions in the globe was easy to curb piracy depending on their locations.

References
INTERNATIONAL LAW 8

Benton, L. (2005). Legal spaces of empire: Piracy and the origins of ocean

regionalism. Comparative Studies in Society and History, 47(4), 700-724.

Kempe, M. (2010). ‘Even in the remotest corners of the world’: globalized piracy and

international law, 1500–1900. Journal of Global History, 5(3), 353-372.

Lemnitzer, J. M. (2013). ‘That Moral League of Nations against the United States’: The

Origins of the 1856 Declaration of Paris. The International History Review, 35(5),

1068-1088.