The Society of Nations Its Past Present And Possible Future

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I allude to the attempt to deprive neutrals of their ancient and undoubted right to traverse freely the open seas of the world, as long as they observe the rules set up between states for the regulation of oceanic commerce in time of war, such for instance as that which prohibits on pain of capture the sea-carriage of contraband to a belligerent. In remote antiquity those who thought about the sea at all seem to have regarded it as being like the air a gift of nature to all mankind. When the Ro...man law- yers attempted to give legal form to current theories, they declared that it was one of the res communes, the things common to all which anyone could use but no one acquire as property. 1 But if we follow the scanty guidance contained in the earliest records we possess we find that the sea, as Sir Henry Maine has said, 11 was common only in the sense of being universally open to depredation. " 2 When the power of Rome was at its height vigorous measures were taken against the pirate fleets, and the Mediterranean was in reality free to peaceful merchantmen.

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