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Author: Tim Lubbers

Summary

In 1599, Dutch privateer Melchior van den Kerckhoven unlawfully captured the Venetian merchantman Ponte, which resulted in extensive legal proceedings before the Supreme Court of Holland, Zeeland and West-Friesland. The Ponte case soon became the centrepiece for discussions about vicarious liability of shipowners for unlawful acts of their shipmasters, and – more importantly – about limitation of this liability to (the value of) their ship and cargo. Within these discussions, a secondary role was reserved for the case arising from the capture of the French ship Levrette by a Dutch merchantman in 1610. Based on extensive archival research, the present article offers a detailed reconstruction of the facts and proceedings of the Ponte and the Levrette case, and sets out how these cases were employed by Roman-Dutch lawyers to give shape to limited liability of shipowners for unlawful acts of their shipmaster.

Open Access
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review
Author: R. Perani

Summary

Creditor fructus percepit, On pledge with a pactum antichreticum. – May the pledgee take the benefits of the res? Pledge did not allow it, there would have been theft (furtum usus). In fact, the thing given as pledge was excluded from any economic use. However, Roman law attests an agreement called ἀντίχρησις, which allowed the creditor to have the fruits of the res, under some conditions. Among the jurists only Marcianus uses this Greek term (in D.13,7,33 and D.20,1,11,1).

In this paper, I wish to demonstrate that the antichresis has become part of Roman legal thought. The legal sources attest a late appearance of the antichresis (very late 2nd and early 3rd century AD), but some Severian constitutions suggest that it may already have been known in practice. The Greek word indicated its foreign origin, but Roman jurists called it simply pignus.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review

Summary

This article focuses on the references (allegations) made by the lawyers in a selected number of cases to Roman and customary law as well as to court decisions when arguing their case. The analysis focuses on three similar civil litigation records from the Court of Friesland from 1716, 1718 and 1720. Network analysis was used to examine whether certain sources were more dominant (i.e. more central) in the network than others and to explore the relationship between the references. The lawyers in the three cases from the Court of Friesland appear to have used some references in common when arguing whether security rights (i.e. mortgages) included a right of pursuit and whether the auctioneer could recover the object if the buyer failed to pay.

Open Access
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review
Author: Iva Parlov
Introduction<xref ref-type="fn" rid="FN000000"> <sup>*</sup> </xref>

On April 14, 2015, the Nairobi International Convention on the Removal of Wrecks (WRC) 1 entered into force to provide uniform international rules and procedures to ensure prompt and effective removal of hazardous wrecks that follow from maritime casualties and payment of compensation for the costs thereby incurred. 2 To this end, coastal States are provided with the right to order the removal of hazardous wrecks, or to have these wrecks removed, at the expense of the registered shipowners. 3 As of April 21, 2021, the WRC has 55 State parties.

In: Ocean Yearbook Online
Author: J. Monballyu

Summary

In Belgium, from 1796 until 1867, infanticide was a crime which was legally defined as the deliberate homicide of a new-born child and punished with the death penalty. In the province of West Flanders, for a long time the second most populous province in Belgium, this crime was strongly women-related. As in the other Belgian provinces and abroad, this crime was mainly committed by unmarried domestic servants who lived with their employer and with whom there was no time nor a place for a mother with a child. Infanticide was a crime that was prosecuted before the Court of Assizes of West Flanders and its predecessors. Such prosecutions happened rather exceptionally (109 people in all were prosecuted in West Flanders over a period of 70 years, i.e. an average of 1.5 per year), albeit in a steadily increasing line and with a peak during the years 1850-1867. The Court of Assizes punished this crime only very exceptionally with the statutory death penalty (only in 34 cases, i.e. 31% of the 109 accused). The other 75 accused were either acquitted (58 cases, i.e. 53% of the accused) or punished for another offence (17 cases, i.e. 15.5% of the accused). The acquittals and the punishments for another offence were not the result of the jurors’ or professional judges’ inclination to accept the puerperal insanity of the accused women, but a consequence of the fact that it was exceedingly difficult to prove that a child had been born viable, had lived independently of the mother for a while, and had been killed with the clear intention of killing it, when the child’s mother had given birth without assistance and claimed that the child had been still-born or died from a natural cause.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review

This Strategic Plan * is adopted in recognition of the Arctic Council’s 25th anniversary at the Council’s 12th Ministerial Meeting. It reflects the shared values and joint aspirations of the Arctic States and the Permanent Participants, to advance sustainable development, environmental protection, and good governance in the Arctic.

Strategic Vision for the Arctic and the Arctic Council in 2030

In 2030 we envision the Arctic to remain a region of peace, stability and constructive cooperation, that is a vibrant, prosperous, sustainable and secure home for all its inhabitants, including Indigenous Peoples, and where their rights and well-being are respected.

In: Ocean Yearbook Online
Introduction<xref ref-type="fn" rid="FN000000"> <sup>*</sup> </xref>

This article examines the resilience of fisheries management institutions to the combined challenges inherent in geopolitical and climatic change. Institutional resilience concerns the ability to deal with changing circumstances by adapting institutions, or relationships among them, to an extent sufficient for maintaining or improving institutional performance. 1

Twenty years of rising geopolitical tensions have not severely restrained international cooperation on Arctic affairs. Despite the intensifying great-power rivalry in global politics, Arctic governance continues to thrive, as evident in the acceptance of China and other geo-economically rising States as observers in the Arctic Council, in the evolution of a

In: Ocean Yearbook Online

Marcus Hayward, Governing Oceans in a Time of Change: Fishing for the Future? (Cheltenham, U.K.: Edward Elgar Publishers, 2020), 164 pp.

Regional fisheries management organizations (RFMOs) and their role in ocean governance have been coming under increasing scrutiny as the world struggles to address issues related to sustainability, protection of marine biodiversity and climate change. RFMOs are now being judged on not only how they manage their respective commercial fish stocks but also how their activities affect the wider ocean ecosystem under their respective jurisdictions. As someone who has some experience with RFMO

In: Ocean Yearbook Online
Introduction<xref ref-type="fn" rid="FN000000"> <sup>*</sup> </xref>

In recent years, the international legal concept of “sedentary species” 1 has experienced an unexpected renaissance of relevance in various respects. For example, the concept is of particular importance for the scope of application of any treaty that might be adopted following the ongoing negotiations towards “an international legally binding instrument under the [United Nations Convention on the Law of the Sea] on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.” 2 Moreover, in a closely related development, it is increasingly considered whether coastal States can rely on their sovereign

In: Ocean Yearbook Online
Author: Robin Churchill
Introduction<xref ref-type="fn" rid="FN000000"> <sup>*</sup> </xref>

From 1983 until the end of 2020 inclusive, fisheries in the territorial seas and exclusive economic zones (EEZs) of the United Kingdom (UK) and other European Union (EU) Member States in the Northeast Atlantic 1 were managed by the EU, in place of its individual Member States, by virtue of its exclusive competence in relation to “the conservation of marine biological resources under the common fisheries policy.” 2 The main features of this management system are as follows. 3

Each year the EU, acting on scientific advice from the International Council for the Exploration

Open Access
In: Ocean Yearbook Online