Lines of Division, Lines of Connection: Stewardship in the World Ocean Philip E. Steinberg Geographical Review, Vol. 89, No. 2, Oceans Connect. (Apr., 1999), pp. 254-264. Stable URL: http://links.jstor.org/sici?sici=0016-7428%28199904%2989%3A2%3C254%3ALODLOC%3E2.0.CO%3B2-H Geographical Review is currently published by American Geographical Society. Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/journals/ags.html. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is an independent not-for-profit organization dedicated to and preserving a digital archive of scholarly journals. For more information regarding JSTOR, please contact [email protected]. http://www.jstor.org Sun May 13 09:01:11 2007 LINES OF DIVISION, LINES OF CONNECTION: STEWARDSHIP IN THE WORLD OCEAN PHILIP E. STEINBERG ABSTRACT. This article investigates the history of drawing lines across ocean space. Although drawing lines generally is perceived as an act of division-as exemplified by the line drawn through the Atlantic Ocean by Pope Alexander VI in iq93-lines, like the ocean itself, often signify connection or other, more complex social relationships. In an attempt to break through commonly held perspectives on line drawing in marine governance, I suggest that key events (and lines) of modern marine history are characterized by a common norm of stewardship. I conclude by considering the flexibility of stewardship and by alerting the reader to alternate norms that could be used to generate ocean-governance systems. Keywords: marine governance, marine history, ocean space, stewardship, Treaty of Tordesillas. Wistorians of marine governance frequently assert that the modern history of social regulation in the world ocean may be read as one of alternating currents for and against division and territorial enclosure (Colombos 1967; Gold 1981; O'Connell 1982;Anand 1983).On one hand, these scholars note, events and proclamations such as Hugo Grotius's 1608 The Freedom of the Seas, the nineteenth-century "free-seas" policy imposed under Pax Britannica, and the nonterritorial self-regulation practiced by the maritime-transport industry in the twentieth century represent attempts at constructing the ocean as a friction-free void wherein nascent colonial empires and enterprising merchants could establish lines of connection with farflung terrestrial territories, production sites, and markets. On the other hand, as interaction with the ocean has intensified over time, the ocean itselfhas come to beperceived as a space of resources, whether the resource is that of connection or something more material, such as fish or minerals. Because the modern system of competitive capitalist production governedby multiple, sovereign states encourages territorialization, or spatial enclosure, as a means of commodifying and guaranteeing rents from resources, the modern era has been characterized by a number of proclamations and events that generally are perceived as drawing lines designed to foster the enclosure, possession, and management of ocean space. Among the notable events were the 1493 Papal Bull, the 1494 Treaty of Tordesillas, John Selden's 1635 Of the Dominion; or, Ownership of the Sea, the Truman Proclamations of 1945, and various provisions of the 1982U.N.Convention on the Law of the Sea, including both its regime of Exclusive Economic Zones (EEZS) and its regime for management of the International Seabed Area. The contradictory tendencies in modern-era marine governance-both the tendency to enclose ocean space with lines of division and the tendency to construct it as a friction-free surface characterized by lines of connection-may be viewed as reflecting the ebb and flow of contradictory tendencies in the spatiality of capitalism % DR. STEINBERG is an assistant professor of geography at Florida State University, Tallahassee, Florida 32306-2190. The Geographical Review 89 (2): 254-264, April lggg Copyright O 2000 by the American Geographical Society of New York STEWARDSHIP I N THE WORLD OCEAN 255 (Steinberg igggb). In this article I focus less on the changes that have characterized the modern-era regime than on its continuity, from the late fifteenth century through the present. In particular, I assert that in the modern era the drawing of lines in ocean space-whether lines of division or lines of connection-can be seen as attempts to steward the ocean as a space that, on one hand, is immune to territorial incorporation into individual states or the system of states but that, on the other hand, is susceptible to social intervention in pursuit of specific goals. To develop this point, I begin with a careful reading ofwhat is generally taken as a particularly extreme act of line drawing in modern marine history, the 1493 Papal Bull and the 1494 Treaty of Tordesillas. These documents affirm a norm of marine stewardship that falls somewhere between the construction of the sea as a space amenable to enclosure and its construction as a protected space of connection immune to social actors' exertions and desires. Next I assert that this norm of stewardship has been a constant feature of European marine governance, from the law of the Roman Mediterranean through the most recent proposals for sustainable development in the face of marine pollution and declining global fish stocks. I conclude by suggesting that scholars and practitioners who design ocean-governance schemes recognize the flexibility inherent in the stewardship norm while acknowledging that stewardship is but one possible norm available for guiding ocean governance. Lines may be drawn-or erased-in order to promote a range of social alternatives in global ocean space. In the mid-fifteenth century, as Chinawas choosing not to pursue a maritime empire (thereby making room for other states to capture the lucrative trans-Indian Ocean trade routes), Spain and Portugal were emerging as the dominant European longdistance powers. The two Iberian states' competition for access to distant territories led to concerns that division within the Christian world could result in Europe's squandering this golden opportunity for extending its influence. Pope Alexander VI intervened, issuing a bull in 1493 that granted to Spain all non-Christian lands lying "west and south" of a north-south line drawn loo leagues west of the Azores and the Cape Verde Islands. The bull was formalized and amended the following year by the Treaty of Tordesillas,which granted to Spain all non-Christian lands west of a northsouth line drawn 370 leagues west of the Cape Verde Islands and to Portugal all nonChristian lands east of that line. The bull and the treaty frequently are characterized as dividing the oceans of the world between Spain and Portugal. Grotius, for instance, in his 1608 rebuttal of Portuguese claims, wrote: The Portuguese claim as their own the whole expanse of the sea which separates two parts of the world so far distant the one from the other, that in all the preceding centuries neither one has so much as heard of the other. Indeed, ifwe take into account the share of the Spaniards,whose claim is the same as that of the Portuguese,only a little less than the whole ocean is found to be subject to two nations,while all the rest ' 256 THE GEOGRAPHICAL REVIEW of the peoples in the world are restricted to the narrow bounds of the northern seas. (Grotius 1916 [1608], 37-38) More recently, Edgar Gold stated that "The waters of the world had been divided and allocated to two nations by papal decree, at that time the highest form oflegal instrument" (1981,35).In fact, neither the bull nor the treaty makes such a grant. In the bull, the pope clearly states that the purpose of the grant is for missionary activities: We therefore are rightly led, and hold it as our duty, to grant you even of our own accord and in your favor those things whereby with effort each day more hearty you maybe enabled for the honor of God himself and the spread of the Christian rule to carry forward your holy and praiseworthy purpose so pleasing to immortal God. We have indeed learned that you, who for a long time had intended to seek out and discover certain islands and mainlands remote and unknown and not hitherto discovered by others, to the end that you might bring to the worship of our Redeemer and the profession of the Catholic faith their residents and inhabitants.. .chose our beloved son, Christopher Columbus. . . . Moreover, as your aforesaid envoys are of opinion, these very peoples living in the said islands and countries believe in one God, the Creator in heaven, and seem sufficiently disposed to embrace the Catholic faith and be trained in good morals. And it is hoped that, were they instructed, the name of the Savior, our Lord Jesus Christ,would easily be introduced into the said countries and islands.. . .We command you in virtue of holy obedience that. . . you should appoint to the aforesaid mainlands and islands worthy, God-fearing,learned, skilled,and experienced men, in order to instruct the aforesaid inhabitants and residents in the Catholic faith and train them in good morals. (Bull Inter Caetera 1986 114931) In recognition of the Spanish Crown's evident commitment to spreading the gospel, the bull grants to Spain "all islands and mainlands found and to be found, discovered and to be discovered" in the specified region. The Treaty of Tordesillas omits the reason for the granting of territory but contains similar language: "All lands, both islands and mainlands, found and discovered already, or to be found and discovered hereafter"on the respective sides of the north-south line were to become the property of the respective states (Treaty of Tordesillas 1986 [1494]). In neither document is mention made of granting any portion of the sea itself to either Spain or Portugal. Because the purpose of the grant was to carry out missionary activities, a grant of the uninhabitable seas would not have served the pope's interest.' Turning to the powers granted to each state in ocean space, the bull makes no mention whatsoever of Spain's authority in the seas within the region in which it has exclusive rights to non-Christian land space. It does state that any person who is found "to go for the purpose of trade or any other reason to the islands or mainlands" without the express permission of the Crown is to suffer excommunication, but this clause does not necessarily imply any claim to authority, let alone possession, in ocean space; it merely grants the kind of authority over overseas possessions that a sovereign would claim for the land of his or her own nation. The treaty goes STEWARDSHIP I N T H E WORLD OCEAN 257 slightly farther than the bull in granting the two states a degree of authority in their respective zones of ocean space: It notes that Portugal's ships shall not sail west of the line unless the ships are engaged in transit to a Portuguese possession, and vice versa, in which case the ships shall be guaranteed safe passage. This clause appears to grant each state certain policing functions (for example, Spain has a right to question Portuguese vessels found west of the line because, as the bull declares, another nation's ship may not go to a Spanish overseas territorywithout the express permission of the Spanish Crown), but, again, it does not imply possession of the seas.2 Rather, the seas are constructed as a legitimate arena for Spain and Portugal to implement the social power that they are entitled to exercise based on their possession of land space. In contrast, if Spain and Portugal were granted full possession, as opposed to mere authority, in their sectors, they would presumably also be free to alienate "their"property or to enact use restrictions beyond those explicitly permitted in the treaty. In short, Spain's and Portugal's claims to exclusive rights should not be viewed as claims to possession of the sea. Rather, the two countries' claims implied that the sea had been divided into "spheres of influence" in which Spain and Portugal were granted rights of stewardship. Stewardship, though generally associated with benevolent, or at least utilitarian, aims, embodies an assumption of power. The stewarding entity is presumed to have a right to exert control both over the resource or space being stewarded and over others who might wish to use the stewarded resource in a contrary manner. Indeed, immediately after the treaty was signed, the Spanish and the Portuguese began to construct the sea as a space supportive of their specific strategies for dominating distant land spaces. The Spanish were fortunate in that, in most cases, they had little trouble conquering indigenous cultures, whether by arms or by pathogens, and they soon established a system of mines and, later, plantations. Following this conquest, Spanish sea power was exercised to restrict trade to certain ports in Spain as well as in the Americas and to specially organized convoys. In part, this centralized control was established to protect shipping from pirates, but it also served to prevent the resources of the Crown's territories from escaping into the hands of other European powers or private Spanish merchants who might be tempted to outbid the Spanish Crown and negotiate their own deals with Creole settlers and miners. Thus Spain constructed its marine domain as a special space of commerce over which the Crown exercised a degree of power and control as a means of projecting its power to distant lands. As a mercantilist power, Spain used this land and sea power to establish and maintain exclusive resource-extraction and trade relations, but it did not claim actual possession of ocean space. Although Portugal was driven by considerations similar to those of Spain, it faced a different situation in its sphere of influence. In the Indian Ocean a flourishing trading network was dominated, at that time, by Muslims. The geopolitical situation in Portugal's sphere of influence demanded a more outwardly aggressive stance as the Portuguese sought to utilize their authoritywithin the Indian Ocean to 258 THE GEOGRAPHICAL REVIEW control connections with the Indian mainland and with the trade spanning the Indian Ocean to East and Southeast Asia: Vasco da Gama came to India a second time in 1502 with a fleet of twenty ships fully equipped for war. Formally proclaiming suzerainty over the Indian Ocean, he imposed a system of passes known as Cartaz on all shipping. Ships which did not carry the Portuguese pass were plundered and burnt. Indian and Arab ships were prohibited from carrying certain specified commodities of value. They had to confine their sailing only to authorised ports and never put in at Calicut. (Nambiar 1975,51) Nambiar's choice of words here is significant. Suzerainty refers to a situation wherein one party asserts legitimate power over another without a goal of ultimate incorporation (Black 1990). Again, although unilateral exercise of power within one's maritime sphere of influence was acceptable, physical incorporation of distant ocean space within the territory of the state was not a legal norm of the Tordesillas era. STEWARDSHIP AS A CONTINUING NORM Debunking the myth of marine enclosure in the Treaty of Tordesillas is important not just for the sake of historical accuracy but also because it leads us to reassess the norms that historically guided modern ocean law and that presently bound our sense of the purpose of marine lines, as well as our sense of possible means and ends for ocean governance. Reconsideration of these norms is critical as we attempt to preserve the ocean's utilityboth as a space of connection and as a space that provides discrete, material resources. I contend that the overarching norm present in the Treaty of Tordesillas and, indeed, throughout the modern history of ocean governance, is one of stewardship. Spaces that are stewarded may not be possessed in full as alienable property. Yet individual social actors-or communities of actors-may act in their capacity as stewards to temporarily appropriate, manage, and even transform the stewarded space in order to ensure that it continues to serve specified social ends. My discussion of the Treaty of Tordesillas demonstrates that this one event in modern ocean history revolved around the concept of stewardship. A rapid survey of other key events in the development of the modern ocean regime demonstrates that this norm has continued and that debates in modern ocean governance generally have revolved around who should compose the community of stewards and to what ends stewardship should be exercised, rather than being attempts at drawing lines to generate extreme relations of exclusion or connection. Although some scholars trace elements of the modern ocean-governance system to early Phoenician and Greek civilizations (Semple 1931) or to civilizations of the Indian Ocean (Anand 1983),the consensus is that one of the major influences on modern ocean law was the system established by the Roman Empire to govern the Mediterranean. Beyond this assertion, however, scholars disagree on the substantive content of the Roman legacy. Some, such as Ram Prakash Anand (1983), Percy Thomas Fenn Jr. (1925), and W. Paul Gorrnley (1963), as well as Hugo Grotius, associate STEWARDSHIP I N THE WORLD OCEAN 259 Rome with the concept of free and open seas, beyond state possession. Others, including Edgar Gold (1981), Michel Mollat du Jourdin (igg3), and Ellen Churchill Semple (1gi1,1931),point to the Roman legacy as instilling a system of ocean enclosure and state domination. In a similar vein, Benito Mussolini cited the Roman legacy when justifying unilateral governance of the Mediterranean by his Roman empire (Mack Smith 1976,1982; Gambi 1994). In fact, the Roman ocean-governance system embodied both of these principles. Rome claimed rights in the Mediterranean under the doctrine of imperium, a doctrine much like that of stewardship in that it grants states jurisdictional rights in a given space in order to control uses but does not imply actual possession: The sea was held to be free to the common use of all men.. . .There were claims to the right to exercise jurisdiction over some part of the sea, or to possess the imperium: yet this claim was not expanded into a claim involving any sort of property right in the sea itself,that is, the claim to imperium was not developed into a claim to domini u m . . .. The Roman jurists, postulating a legal person which is created in agreement with the most recent juristic philosophy, regarded the coasts as being protected and guarded by the Roman people as "a sacred trust of civilization." (Fenn 1925,717,724; see also Lobingier 1935; Gormley 1963; Steinberg 1996b) Rome, which for much of its reign controlled the entire Mediterranean shoreline, clearly was the sole candidate to assume the role of steward, and Rome exercised its stewardship role as it saw fit, primarily toward the end of maintaining the Mediterranean as a space wherein its troops and goods could be transported among the farflung reaches of the empire. Thus, to the casual observer, the Mediterranean appears to be "Roman space." But legal studies of Rome's ocean law clearly demonstrate that the Mediterranean was perceived and governed as a space distinctly outside the Roman state, even as it was recognized as a legitimate arena for the exercise of Roman power. A thousand or so years after the fall of the Roman Empire this doctrine of stewardship was reinterpreted for much of the rest of the world ocean in the Treaty of Tordesillas. Stewardship was now divided between two powers, each operating in its respective sphere of influence, and the end of stewardship was somewhat transformed, with the goal of facilitating missionary activities in distant lands added to the more traditional goal of maintaining a friction-free space for transporting imperial troops and commodities. Nonetheless, the overarching norm of stewardship remained consistent with that of Roman times. Following Tordesillas,the next major event in ocean governance was the "Battle of the Books:' a series of writings published in the first half of the seventeenth century as Britain and the Netherlands joined Spain and Portugal as global ocean powers. This debate is generally characterized as a match between polar opposites, the English jurist John Selden (1972 [1635]),who argued that states have the right to enclose and claim discrete areas of ocean space, and the Dutch jurist Hugo Grotius 260 THE GEOGRAPHICAL REVIEW (1916 [1608]),who argued that the ocean must remain open to all. Yet a close reading of these texts reveals that again all parties were arguing for one variation or another of the stewardship norm (Steinberg 1996a, 186-200). Grotius's main innovation was to propose that the holder of imperium, or stewardship, be not one state, as it was in Rome, or individual states in their respective spheres of influence, as it was under the Tordesillas system, but rather the community of states. Grotius left open the possibility that this system could be modified where individual states had the ability to police discrete areas of the sea, but even then these states would be acting merely as stewards and would be obligated to facilitate the rights of all to partake in navigation and fi~hing.~ In contrast to Grotius, Selden focused on those spaces in which coastal states could exercise effective possession, and here he did permit incorporation into the territory of the state. But, as with Grotius, state governance in these areas of the ocean was not to interfere with the natural right to navigation. Selden hadlittle to say about areas of the sea that lay beyond effectivestate control; presumably, state intervention in these spaces was permissible only to the extent that it was implemented in order to facilitate the basic human right of navigation. Thus, although Selden did begin to push against the norm of stewardship in coastal waters, he appeared to be proposing for the deep seas a doctrine that, like Grotius's, extended the norm of stewardship from individual states to the community of states. Meanwhile, another contributor to the Battle of the Books, the Portuguese monk Seraphim de Freitas, proposed amending the Tordesillas system to give individual states stewardship responsibilities over specific ocean routes, rather than specific territories in ocean pace.^ Following the Battle of the Books, the ocean-governance system that persisted through much of the modern era combined elements of the Roman model of stewardship with that proposed by Grotius and Selden. Although Britain was the overwhelming sea power for much of the eighteenth and nineteenth centuries, it never sought to claim the world ocean as part of imperial territory. Rather, like Rome before it, Britain claimed the authority to exercise its power as ocean steward in order to ensure that the world ocean remained a space for the unhindered movement of its and others' ships. Britain may have "ruled the waves"-an act of imperium-but maps portraying the empire upon which "the sun never set" indicated only land space as the territory over which British dominium prevailed. Britain's empire differed from that of Rome in that Britain-hegemonic as it may have been-existed within a political system of formally equivalent sovereigns. Assertions of power that gave even the appearance of claiming the bulk of the sea as British territory likely would have led to counterclaims by other states, which would have destroyed the "freedom of the seas" that was both a goal and a basis of British hegemony. Thus Britain largely chose to operate within a Grotian construct in which the ocean was stewarded by the community of states of which Britain was the dominant constituent member. For instance, in its attempts to ban the slave trade, abolish piracy, regulate maritime transport, and protect undersea cables, the com- STEWARDSHIP I N THE WORLD OCEAN 261 munity of states, under British leadership,tookpains to avoid strategiesthat implied systems of territorial division or individual state control that could interfere with the construction of the ocean as a friction-free space of connection (Steinberg1996a) 228-238,259-271; 1999b). By the mid-nineteenth century this Grotian governance system was joined by a Seldenian one in which narrow coastal strips were permitted to be incorporated within the territory of individual states,but with the proviso that this possession of ocean space be limited by respect for the natural right of all individuals to navigate across the entirety of the ocean's surface. In recent decades this multifaceted stewardship regime has gained further comp1exity.A resurgence of the Tordesillas system of stewardship can be seen in the creation of EEZS that emerged in the 1970s and were enshrined in the 1982 U.N. Convention on the Law of the Sea. Within an EEZ, which extends up to 200 nautical miles from a state's coastline, a coastal state may claim policing rights, but not full sovereign authority, in the interest of stewarding the zone's living and nonliving resources. Further U.N. agreements since 1982 suggest that limited authority of individual or groups of coastal states may be extended beyond the present zoo-nauticalmile limit. One such concord was the 1995Agreement for the Implementation of the Provisions of the 1982 United Nations Convention on the Law of the Sea Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. At the same time, the 1982 convention extends the Grotian system of community stewardship from deep-sea "international waters" to the seabed beneath these waters. Finally, recent initiatives such as the Marine StewardshipCouncil-a fish-product eco-labeling program developed by Unilever and the World Wide Fund for Nature--extend global ocean governance beyond the realm of states and enlist fishers, processors, retailers, nongovernmental organizations, and consumers as stewards of the ocean's living resources (Steinberg lggga). Discourse on the geography of the sea, particularly by political geographers, fiequently revolves around lines of division: How is a boundary line calculated?How is it communicated?What activities should be permitted behind the line? The confusion and misunderstanding surrounding the Tordesillas line should demonstrate that a perspective wherein lines are perceived solely as graphic representations of division leaves one with, at best, a partial understanding of history and the social construction of space. I have argued that the Tordesillas line should be viewed not so much as aradical division of the ocean but, rather, as one in along series of events adjusting a long-standing, and continuing, system of marine stewardship. In fact,lines in ocean space frequently serve purposes quite apart from the end of division. For eighteenth- and nineteenth-century sailors from Europe and North America, perhaps the most socially meaningful "1ine"was the equator. "Crossing the line" was an event celebrated by the ritual dunking of sailors upon their first venture into Southern Hemisphere waters. Other lines often found on maps, such as those depicting common ocean routes, graphically represent vectors of connection. Still 262 THE GEOGRAPHICAL REVIEW other lines, including latitude and longitude lines, rhumb lines, and bathymetric lines, facilitate the making of these connections. Indeed, even the Tordesillas line may be viewed as a line of connection, because it facilitated the connection of Portugal and Spain with their distant land territories. When one destroys the myth of individual states having or even desiring absolute control of ocean space-which is implied by graphic representations but has never been a reality-lines take on a variety of meanings that constitute, complement, and, at times, push the limits of the dominant norm of stewardship. Just as this discussion suggests that we think twice before accepting that lines drawn across ocean space necessarily divide, it also suggests that we rethink the entire dichotomy of division and connection in the context of the broader norm of marine stewardship. Stewardship historically has been exercised by various entities, including the state, the church, commercial interests, and the populace at large. At different times the norm of stewardship has been operationalized by one actor over all known ocean space, by individual actors in their discrete, parceled domains, and collectively by a community of actors. It has been implemented for a range of ends, from military mobility to the conservation of the ocean's living resources. Finally, a consideration of marine stewardship-and the lines that often enable it-should remind us that stewardship is not necessarily the only, or best, means of governing ocean space and of preserving its function as a space of connection, a thriving ecosystem, a space of individual or collective escape from terrestrial hardships, or a resource for human survival. Other societies have developed oceangovernance systems outside the stewardship paradigm, from those that have viewed the sea as fundamentally possessible, like land space, such as the island societies of Micronesia, to those that have viewed the sea as a pure space of connection insulated from exertions of social power by land-based entities, like those of the societies bordering the Indian Ocean, prior to the arrival of Europeans (Steinberg 1996b). Stretching the commonly accepted boundaries of what is possible in ocean governance, some scholars have suggested that the expansion of individual states' territories to encompass the entirety of ocean space is likely (Zacher and McConnell 1990; Ball 1996). Others have proposed that the entire ocean be bounded as one political unit and its social function redefined. These scholars assert that the attitude of the world community toward the ocean must go beyond one of stewarding the sea so that it is available for human use to one in which the sea is actively possessed and used by the entirety of the world community so that it may serve global needs and reduce social inequality on land (Van Dyke, Zaelke, and Hewison 1993;Borgese 1998). Whatever the precise lines drawn across the sea, and whatever goals these lines are designed to serve, a line in ocean space, like ocean space itself, does more than simply divide the terrestrial land spaces that "matter.)' Geographers increasingly are turning to the sea to improve their understanding of the primarily terrestrial social and physical systems that affect, and are affected by, humanity (Steinberg ~gggc). By drawing lines across the sea, geographers not only assert divisions and connections; they also impose a social imprint. Oceans may connect or divide, or they may be im- STEWARDSHIP I N THE WORLD OCEAN 263 plicated in more radical strategies for the social organization of space that lie outside the norm of state stewardship that traditionally has guided social intervention in marine space. By rethinking the relationship of the ocean to land, to society, and to marine resources, geographers can contribute to a new era of marine-and globalgovernance. 1. Neither the bull nor the treaty considers uninhabited islands or portions of the mainland. It is unclear whether Spain or Portugal legitimately could have used the authority bestowed by the bull and the treaty to claim these territories. 2. The treaty at one point does refer to "the said seas of the said King of Portuga1,"but this phrase is so out of character with the intent expressed elsewhere in the treaty that it is taken here as an abbreviated way of stating, "the seas ivithin which the king of Portugal has exclusive rights to non-Christian lands." 3. Grotius left no doubt that navigation was a right granted to all of humanity under natural law. Although he generally adopted a similar position toward fishing, at one point he equivocated because "in a way it can be maintained that fish are exhaustible" (Grotius 1916 [1608], 43). 4. This work, Justijication for the Portuguese Domination ofAsia, has been translated from Latin into French, Spanish, and Portuguese, but not English. For an extensive English summary and discussion, see Alexandrowicz (1967). REFERENCES Alexandrowicz, C. H. 1967. An Introduction to the History of the Law of Nations in the East Indies (16th, 17th and 18th Centuries). Oxford: Clarendon Press. Anand, R. P. 1983. Origin and Development of the Law of the Sea: History of International Law Revisited. The Hague: Martinus Nijhoff. Ball, W. 1996. The Old Grey Mare: National Enclosure of the Oceans. Ocean Development and International Law 27 (1-2): 97-124. Black, H. C. 1990. Black's Law Dictionary: Definitions of the Terms and Phrases ofAmerican and English Jurisprudence, Ancient and Modern. 6th ed. Saint Paul, Minn.: West Publishing Co. Borgese, E. M. 1998. The Oceanic Circle: Governing the Seas as a Global Resource. Tokyo and New York: United Nations University Press. Bull Inter Caetera. 1986 [1493]. In International and UnitedstatesDocuments on Oceans Law and Policy, edited by J. N. Moore. Buffalo, N.Y.: William S. Hein. Colombos, C. J. 1967. The International Law of the Sea. 6th rev, ed. New York: David McKay. Fenn, P. T., Jr. 1925. Justinian and the Freedom of the Sea. American Journal of International Law ig (4): 716-726. Gambi, L. 1994. Geography and Imperialism in Italy: From the Unity of the Nation to the "New" Roman Empire. In Geography and Empire, edited by A. Godlewska and N. Smith, 74-91. Oxford, England, and Cambridge, Mass.: Blackwell. Gold, E. 1981. Maritime Transport: The Evolution of International Marine Policy and Shipping Law. Lexington, Mass.: Lexington Books. Gormley, W. P. 1963. The Development and Subsequent Influence of the Roman Legal Norm of "Freedom of the Seas." University of Detroit Law Journal 40 (5): 561-595. Grotius, H. 1916 [i608]. TheFreedom of the Seas or, The Right Which Belongs to the Dutch to Take Part in the East Indian Trade. New York: Oxford University Press. Lobingier, C. S. 1935. The Maritime Law of Rome. Juridical Review 47 (1): 1-32. Mack Smith, D. 1976. Mussolini's Roman Empire. New York: Viking Press. . 1982. Mussolini. New York: Knopf. Mollat du Jourdin, M. 1993. Europe and the Sea. Translated by T. L. Fagan. Oxford: Blackwell. Nambiar, 0. K. 1975. Our Seafaring in the Indian Ocean. Bangalore, India: Jeevan Publications. O'Connell, D. P. 1982. The International Law of the Sea. Edited by I. A. Shearer. Oxford: Clarendon Press. 264 THE GEOGRAPHICAL REVIEW Selden, J. 1972 [1635]. Of the Dominion; or, Ownership of the Sea. New York: Arno. Semple, E. C. 1911. Influences of GeographicEnvironment, on the Basis of Ratzel's System ofAnthropoGeography. New York: Henry Holt. . 1931. The Geography of the Mediterranean Region: Its Relation to Ancient History. New York: H. Holt. Steinberg, P. E. 1996a. Capitalism, Modernity, and the Territorial Construction of Ocean-Space. Ph.D. diss., Clark University. . 1996b. Three Historical Systems of Ocean Governance: A Framework for Analyzing the Law of the Sea. World Bulletin 12 (5-6): 1-19. . iggga. Fish or Foul: Investigating the Politics of the Marine Stewardship Council. Paper presented at the Conference on Marine Environmental Politics in the zist Century, Institute for International Studies, Berkeley, Calif., 30 April. . 1999b. The Maritime Mystique: Sustainable Development, Capital Mobility, and Nostalgia in the World Ocean. Environment and Planning (D): Society and Space 17 (4): 403-426. . igggc. Navigating to Multiple Horizons: Toward a Geography of Ocean-Space. Professional Geographer 51 (3): 366-375. Treaty of Tordesillas. 1986 [1494]. In International and United States Documents on Oceans Law and Policy, edited by J.N. Moore. Buffalo, N.Y.: William S. Hein. Van Dyke, J. M., D. Zaelke, and G. Hewison, eds. 1993. Freedomfor the Seas in the zist Century: Ocean Governance and Environmental Harmony. Washington, D.C.: Island Press. Zacher, M. W., and J. McConnell. 1990. Down to the Sea with Stakes. Ocean Development and International Law 21 (1): 71-103.
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