Question

Mare Liberum (The Freedom of the Seas), first published in 1609, is a book in Latin on international law written by

• A. Austin
• B. Hugo Grotius
• C. Arvid Pardo
• D. Starke

Hint:

For International Law, remember the key contributions of Hugo Grotius. He is known for "De Jure Belli ac Pacis" (On the Law of War and Peace) and "Mare Liberum" (The Freedom of the Seas). Associating him with the birth of international law and the freedom of the seas is crucial.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify the author of the seminal work "Mare Liberum," a foundational text in the development of international law, particularly the Law of the Sea.
Step 2: Detailed Explanation:
Hugo Grotius (1583-1645), a Dutch jurist and philosopher, is widely regarded as one of the fathers of modern international law. In 1609, he published \textit{Mare Liberum} (The Freedom of the Seas) anonymously. In this short treatise, he formulated the new principle that the sea was international territory and all nations were free to use it for seafaring trade. This was a direct challenge to the claims of various naval powers to exclusive sovereignty over vast areas of the sea (\textit{mare clausum} or closed sea). The principles laid down by Grotius in this book became the bedrock of the modern doctrine of the freedom of the high seas.
- Arvid Pardo is famous for proposing the "common heritage of mankind" principle for the seabed in the 20th century.
- Austin and Starke are well-known jurists, but not the authors of this 17th-century work.
Step 3: Final Answer:
The author of \textit{Mare Liberum} is Hugo Grotius.

Answer 2

The question asks for the author of Mare Liberum, published in 1609, on the freedom of the seas. Let us assess each option against what is actually known about this work and each named figure.

1. Austin: John Austin was a nineteenth century English jurist known for the command theory of law expounded in The Province of Jurisprudence Determined, a work in general jurisprudence with no connection to seventeenth century writing on the law of the sea.
2. Hugo Grotius: Grotius, a Dutch jurist and philosopher writing in the early seventeenth century, published Mare Liberum in 1609, arguing that the sea could not be subject to national sovereignty and must remain open to all nations for navigation and trade. This directly opposed rival claims of exclusive control over the seas and became foundational to the modern law of the sea, matching the question exactly.
3. Arvid Pardo: Pardo was a twentieth century diplomat known for proposing that the deep seabed be treated as the common heritage of mankind, a modern concept entirely disconnected from a 1609 Latin treatise.
4. Starke: J.G. Starke is known as a modern textbook writer on international law generally, not as the author of this seventeenth century founding work.

Since only Grotius fits both the historical period and the specific subject matter of Mare Liberum, the correct answer is Hugo Grotius.