Who was Cornelis van Bynkershoek (1673-1743) and what relationship does he have to the positivist theory of international law?
Cornelis van Bynkershoek was an 18th Century Dutch jurist who formulated an important principle of international law, based on positivist theory. Positivist theory states that law emanates from sovereign will or consent. During the Middle Ages navigation on the high seas was curtailed by maritime powers assertion of sovereignty over bodies of water. Hugo Grotius was the first the challenge the basis for these claims in the 17th Century. Bynkershoek continued this challenge, developing the principle that the shores of a country within the range of artillery on land are not included in the juridical meaning of the term high seas but are under the territorial sovereignty of the contiguous country. This principle was adopted throughout the world at a distance of three miles.
Related Questions
- Who was Cornelius van Bynkershoek (1673-1743) and what relationship does he have to the positivist theory of international law?
- Who was Cornelis van Bynkershoek (1673-1743) and what relationship does he have to the positivist theory of international law?
- Who was Cornelis van Bynkershoek, and what relationship does he have to the positivist theory of international law?
