Western Europe

This chapter considers the influence of Western European culture on the development of the law of the sea, focusing on the period between the early sixteenth century—when a recognizably modern system of states began to emerge in Western Europe—and the Hague Codification Conference of 1930. During this period, Western European nations played a dominant role in world affairs because of colonialism and their economic and military power. The chapter argues that there is a common culture in Western Europe, which has its roots in ancient Greek civilization, the Roman Empire, and Christianity. The principal features of that culture include a strong belief in the importance of law and good administration; a profound interest in science; and, until very recently, a widespread belief in the racial superiority of Europeans. The chapter identifies the influence of those features on the law of the sea. It discusses in turn European influence on codification of the law of the sea; the great debates in the sixteenth and seventeenth centuries between Grotius and other writers over the legal status of the sea; European influence on the role of science in the law of the sea; and the influence of capitalism, as seen, for instance, in the laissez-faire regime of the high seas that prevailed until the late twentieth century and the 1994 revisions to the regime of the International Seabed Area. Lastly, the chapter considers the influence of two Western European languages, English and French, on diplomacy, literature, and legal concepts relating to the law of the sea.