Transcribed by William E. Butler into English for the first time,
from Du Ponceau's hand, a translation of Gerard de Rayneval's On
the Freedom of the Sea. A previously overlooked and unpublished
contemporary translation by Peter S. Du Ponceau of the classic
treatise by Joseph-Mathias Gerard de Rayneval, De la liberte des
mers (Paris, 1811), edited with an extensive introduction by
William E. Butler.
Successor two centuries later to Grotius' classic writings on the
freedom of the seas, Gerard de Rayneval's work affirmed the
principles of natural and positive law applicable to naval warfare,
privateers, the law of prize, the deep seabed and high seas,
neutrality, and international straits from a French perspective
deeply sympathetic to American views of the time. Gerard de
Rayneval cherished the hope that Napoleon might be inspired by the
work to draft a code of maritime law. This treatise informed
negotiations that led to the 1856 Declaration of Paris and was
widely cited by continental jurists during the 19th century.
"Professor William Butler's careful scholarship and clear
presentation bring to life an important translation of Gerard de
Rayneval's work on the law of the sea, a topic of continuing
interest to scholars and mariners alike in the 21st century.
Professor Butler's detailed introduction and editing of Du
Ponceau's translation offer essential background for familiar
maritime concepts and adds richness to the body of work explaining
the legal regimes surrounding the use of the world's seas." --James
W. Houck Vice Admiral, Judge Advocate General's Corps, U.S. Navy
(Ret.), Interim Dean and Distinguished Scholar in Residence, Penn
State, The Dickinson School of Law
WILLIAM E. BUTLER is the John Edward Fowler Distinguished
Professor of Law, Dickinson School of Law, Pennsylvania State
University, Emeritus Professor of Comparative Law, University of
London, Foreign Member, National Academy of Sciences of Ukraine and
National Academy of Legal Sciences of Ukraine.
JOSEPH-MATHIAS GERARD DE RAYNEVAL (1736-1812) was First Deputy
Minister of Foreign Affairs and an international lawyer. He was a
significant mediator in Anglo-French relations who composed an
important memorandum of French strategy for secret assistance to
the Americans entitled "Reflections on the Situation in America"
(1776). He was a key negotiator in the commercial Eden Treaty
(1786), which was signed by him on behalf of France. In 1804 he was
awarded the Cross of the Legion of Honor for his contributions to
the literature of international law.
PETER STEPHEN DU PONCEAU (1760-1844) was a Franco-American jurist
who came to America at the age of 17 and lived in Philadelphia,
where he practiced international law until his death. He was
president of the American Philosophical Society. In 1810 he
published a translation of Bynkershoek's A Treatise on the Law of
War.
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