Hugo Grócio

"O artigo revisita o “Incidente do Santa Catarina”, o famoso episódio da primeira embarcação portuguesa capturada pelos holandeses nos mares asiáticos, inserindoo no contexto mais vasto da rivalidade luso-holandesa no mundo malaio, mais concretamente nos estreitos de Singapura e Malaca. Através de uma cuidadosa análise de fontes europeias efectua uma avaliação completa das maiores consequências deste evento e das suas subsequentes implicações internacionais. Depois de 1603, não só se consciencializaram os dirigentes da Companhia Holandesa das Índias Orientais e os governantes da República Holandesa de como poderia ser lucrativa a política de pirataria e de pilhagem do inimigo, como também as autoridades portuguesas do Estado da Índia se tornaram progressivamente mais cientes das suas vulnerabilidades devidas às condicionantes geográficas. Dedica ainda alguma atenção à defesa legal dos interesses holandeses orientada por Hugo Grotius, o jurisconsulto holandês por muitos considerado o “pai do moderno direito internacional”. Deste artigo resulta igualmente muito evidente a importância efectiva dos mercadores macaenses para o Estado da Índia, a profunda expansão das suas redes mercantis para o Sudeste Asiático bem como, não obstante o facto de terem sofrido alguns reveses em consequência da pirataria da Companhia Holandesa das Índias Orientais, o modo como conseguiram recuperar desses abalos, com extraordinária agilidade e perseverança.

Download for free from:
http://www.icm.gov.mo/RC/TextPE.asp?No=11&ID=555"

"Four hundred years ago, the Dutch humanist and jurisconsult Hugo Grotius was commissioned by the United Netherlands’ East India Company (VOC) to write a defense of Admiral Jakob van Heemskerk’s seizure of a Portuguese merchant carrack in the Straits of Singapore (February 1603). At the time he was twenty-one years old. What Grotius produced between 1604 and 1606 is a comprehensive political and historical exposé on war. Today, this work is known as De Jure Praedae Commentarius, or “Commentary on Law of Prize and Booty”. Only part of this comprehensive manuscript was published during its author’s lifetime and is known as Mare Liberum or “The Free Sea” (1609).
Mare Liberum is essentially a propagandistic treatise and argues for Holland’s merchants to freely access emporia in Asia by unimpeded navigation across the high seas. The freedom of navigation forms a subset to the overarching arguments on the freedom of access and trade. This particular assessment of Mare Liberum stands in sharp contrast to past interpretations, insofar as these have placed the ‘freedom of the seas’ - and not the broader issues surrounding ‘free trade’ - at the forefront of scholarly attention. From this vantage point, Grotius was surprisingly consistent in his thinking on the broader issues of maritime trade and navigation.
During the first two decades of the seventeenth century, Grotius lent a helping hand in the process of forging political and commercial treaties between the VOC and Asian rulers. Far from championing peace and the freedom of navigation on the high seas for which the Dutch humanist is best remembered in modern times, Grotius should also assume a place among the intellectual fathers of Dutch colonial rule in Asia."""""

""This book offers annotated translations of documents touching on Dutch admiral Cornelis Matelieff de Jonge and his voyage to Asia between 1605 and 1608. These translations are aimed at a contemporary English-speaking Asian readership interested in the early modern history of European trade, warfare and expansion in Southeast Asia with a focus on Malaysia, Singapore, and Indonesia. Researchers specialising in early European colonialism, international law, international relations, security studies, and diplomatic history will also find that the documents translated in this volume offer new and unfamiliar perspectives. Materlieff’s business acumen, military and diplomataic prowess as well as his vision of empire all have implications for examining not only European expansion into Southeast Asia, but also into other regions at large, including especially south Asia, Africa and the Americas.
Admiral Matelieff was a director of the Rotterdam Chamber of the Dutch East India Company (VOC) formed in 1602. He was appointed fleet commander on one of the company’s first voyages to Asia. Matelieff’s mission was both commercial and military: he launched a major sea-borne attack on the Portuguese colony of Melaka, arranged for the signing of treaties with the rulers of Johor, Aceh and Ternate, and founded the first Dutch fort on the island of Ternate. His endeavours, however, to open the Chinese market for the Dutch company proved unsuccessful.
Following his return to the Dutch Republic in September 1608, Matelieff penned a series of memorials and letters. In these he advanced recommendations for changing the way the company organized its fleets and conducted business. More importantly he offered  his Dutch contemporaries a vision of empire in Asia. The materials contained in this volume offer important observations of a perceptive analyst who was also determined to grasp the political and economic structures of Asia, and also of inter-state relations in across this vast region. At a time of Spanish, Portuguese, Dutch, Danish, French and English engagement in Southeast Asia, Matelieff sought to critically assess and strategize on the ways in which Europeans were increasingly engaging with Asian polities and their rulers.

This book will be released for sale in Australasia and Europe in June 2014 and available in the Americas after September 2014
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El presente artículo tiene por objeto hacer un examen preliminar de un manuscrito, hasta la fecha desconocido e inédito, del gran humanista y abogado internacional holandés Hugo Grocio. En dicho manuscrito, Grocio se ocupa, esencialmente, de la formación de una sociedad civil basada en un arreglo contractual, y a su vez, examina los derechos y las obligaciones que emanan de ese pacto o contrato voluntario.

This paper examines Hugo Grotius’ ideas on the freedom of navigation on the high seas and Southeast Asian maritime practices in the late 16th and early 17th centuries. In the past Charles H. Alexandrowicz (and closely following him Ram Prakash Anand) had argued that Grotius’ position – which was admittedly unusual in a European legal context at that point in time – had been influenced by early Dutch experiences in the island world of Southeast Asia. Recent Grotius research, however, has debunked these positions as both speculative and false. At the time of writing or revising his treatise Mare Liberum for the press (ca.1604-9), Grotius possessed only a very shallow knowledge of Asian maritime practices. This paper aims to take the analysis a crucial step further: Did the polities of insular Southeast Asia really pursue a policy of Mare Liberum as has been generally surmised by some legal historians and IR theorists? What concepts of maritime space prevailed, and how do they compare with Grotius and some of his contemporaries? A careful scrutiny and comparison of key concepts will yield some unexpected results.

"This article examines the transition of the Dutch East Indian Company (VOC) from a policy of self-defense into its full espousal of large-scale privateering and plundering. I argue that this shift was driven by both economic and political factors, and can be traced to the very formation of the Company as a unified trading venture. The taking of prizes became a cornerstone not only of the economic fortunes of the company, but the establishment
of the Dutch colonial empire in Asia. Of particular interest is not only the instructions emanating from the company directors and the Dutch government in the metropolis, but especially the implementation and adaptation of these directives on the ground. It is this local context that adds a crucial dimension to interpretations of the eager espousal of maritime violence by the VOC and its agents in Asian waters."

"In 1603, Dutch Admiral Jacob van Heemskerk plundered a Portuguese merchantman, the Santa Catarina, travelling from Macao to Melaka. The sale of the cargo at a public auction made traders across Northern Europe aware of the riches to be reaped from Asian trade. However, the episode raised legal questions and the United Dutch East India Company (VOC) commissioned the young Hugo Grotius to defend Heemskerk's actions. Grotius produced two classic legal texts, The Law of Price and Booty and its spin-off, The Free Sea, among the greatest works in the history of international legal and political thought. His observations dealt with free trade in the East Indies, the Dutch Republic's military conflict with the Portuguese and Spanish in Asia, and the legal and moral grounds for attacking and plundering Portuguese and Spanish mercantile shipping.

This book considers the background to the treaties then content and significances, and what Grotius actually knew about Southeast Asian politics and Portuguese institutions of trade and diplomacy when he wrote them.

Grotius' work on the freedom of the sea was a cornerstone in his enduring reputation as one of the founders of modern international law. The present book provides a valuable resource for historians of Southeast Asia and for students of international relations, political theory, maritime history and public law.
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"The Theses LVI belong to a series of hitherto unpublished early manuscripts of the Dutch humanist and jurisconsult Hugo Grotius (1583-1645) that were acquired by the University of Leiden in 1864. It is not certain when the Theses were written, but preliminary research on the physical manuscript and the sources cited indicate two possible windows. The first is around 1602-1605, that is roughly at a time when Grotius was also working on his Commentary on the Law of Prize and Booty (De Iure Praedae Commentarius). The second dating places the genesis of the manuscrbipt around 1613-1615.
In the context of Grotius’ writings, the Theses LVI assume an important position for several reasons: They raise questions about state formation, the duty of citizens to the state and the right of political resistance in far greater detail than in any other work of the celebrated Dutch humanist. The Theses LVI also feature important reading notes that yield priceless insights into the sources that Grotius directly consulted and their influence on his ideas. The manuscript grants modern scholars a unique glimpse into the working mind of its author. Evidence points not only to the ferocious haste with which Grotius wrote his works, but also the occasional sloppiness of his reading and research habits.""""

"This is a Chinese translation of Hugo Grotius' First Dissertation on the Origin of the American Indians, originally published in 1642 on the occasion of the 150th anniversary of the discovery of the New World by Columbus. The Chinese were very intrigued at the time that Grotius had already known a) about migrations across the Bering Strait and b) about the possibility that the Chinese had visited the Americas before the Spanish with wrecks supposedly reported along the coasts of Peru/Chile

"This article examines the transition of the Dutch East Indian Company (VOC) from a policy of self-defense into its full espousal of large-scale privateering and plundering. I argue that this shift was driven by both economic and political factors, and can be traced to the very formation of the Company as a unified trading venture. The taking of prizes became a cornerstone not only of the economic fortunes of the company, but the establishment
of the Dutch colonial empire in Asia. Of particular interest is not only the instructions emanating from the company directors and the Dutch government in the metropolis, but especially the implementation and adaptation of these directives on the ground. It is this local context that adds a crucial dimension to interpretations of the eager espousal of maritime violence by the VOC and its agents in Asian waters."