The Law of the Sea and the Two Unions
The Law of the Sea and the Two Unions
This chapter explores the problems which union posed to maritime lawyers of both nations. It approaches the questions from an oblique angle by asking why in one area it did become possible to speak with some plausibility of a body of British law. In particular, it tries to address why lawyers in Scotland began to accept between the Unions of 1603 and 1707 that their sea law might need to be exposed to influence from south of the border. It then considers why the handling of maritime matters excepted from the general insistence on the preservation of a separate legal system in Scotland. A theoretical difference between approving the customs of mariners and determining the requirements of international law is vital, for it displays that the move towards developing a British law of the sea cannot simply have led from recognition that many maritime disputes had to be determined in accordance with international law. To secure the coasts against invasion and to promote mutual trade, there had to be a British admiralty regulating the exercise of jurisdiction over British ships in the British seas.
Keywords: British law, maritime lawyers, sea law, international law, mutual trade, British admiralty
British Academy Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.