As the nation marks its
50th anniversary, here’s one moment we should all reflect on.
As Singapore celebrates the
50th anniversary of the country’s independence this year, there has been a lot
of emphasis on reflecting on the past. For instance, the Institute of Policy
Studies conducted a survey which revealed some interesting things about which
domestic events Singaporeans remember (and, more interestingly, don’t remember)
in their history.
But there is one important global moment that Singaporeans – and the
international community more generally – should remember this year. On February
25, 1603, in the midst of the Eighty Years’ War, ships commanded by Jacob van
Heemskerk of the Dutch East India Company seized the Santa Catarina, a
Portugese merchant ship, without explicit authorization to do so. To defend the
seizure, the Dutch hired a 26-year old lawyer named Hugo Grotius (yes, that
Hugo Grotius), who astutely claimed that it was a legitimate challenge to
Portugal’s monopoly on commerce with Asia.
The rest,
as they say, is history. His idea of the freedom of the seas, which he
elucidated in Mare Liberum (Free Sea) was subsequently enshrined in the
United Nations Convention of the Law of the Sea (UNCLOS). And while it is
difficult to summarize his overall influence on the direction of international
law (and other fields as well, including international relations, political
theory and philosophy), the fact that the term “Grotian Moment” is used by some today to describe
“a paradigm-shifting development in which new rules and doctrines of customary
international law emerge with unusual rapidity and acceptance,” should give you
an idea.
Today,
many people have at least encountered Grotius in passing, and some may know the
background to his emergence. But as Navin Rajagobal wrote in an opinion piece
for The Straits Times last week commemorating the 412th anniversary of
the sinking, few – including many Singaporeans – are aware of Singapore’s role
in this major event. As Rajagobal notes, the incident happened off Singapore’s
upper east coast, near Changi, where the Santa Catarina was anchored after
sailing from Macau to Malacca. Furthermore, Johor-Riau, the local authority at
the time, played an important role in helping van Heemskerk seize the Santa
Catarina as many of them had fled the Portugese conquest of Malacca in 1511.
This is not just a historical footnote: the Dutch alliance with the local
authority was a major part of Grotius’ legal justification because he claimed
that van Heemskerk was not a pirate but an agent of Johor-Riau.
The
Grotian moment also has broader significance for Singapore and the
international community as well. Today, his Mare Liberum (Free Sea),
along with the counterarguments it inspired (most pointedly Mare Clausum (Enclosed
Sea) by John Selden in 1635) inform the current discussions we have on
territorial and maritime disputes in the South China Sea. As Rajagobal notes,
China’s ‘nine-dashed lines’ map might be construed by some as more in line with
the mare clausum principles that the Portugese favored in the 1600s
rather than the mare liberum principles championed by Grotius. History
may not repeat itself, Mark Twain is said to have once noted, but it sure does
rhyme.
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