The Atlantic Prehistory of Private International Law
Trading Companies of the New World and the Pursuit of Restitution in England and France, 1613–43
Bibliographic Data
| ID | 11282181 |
|---|---|
| Authors | Edward Cavanagh (0000-0002-5722-4932, corresponding author) |
| Year | 2017 |
| Volume | 41 |
| Issue | 3 |
| Pages | 452-483 |
| Publication date | 2017-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Itinerario (JOURNAL) |
| Journal identifiers | ISSN: 0165-1153 • E-ISSN: 2041-2827 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s016511531700064x |
| OpenAlex | W4238429289 |
| Language | EN |
| Citations received | 1 |
| References cited | 34 |
This article concerns itself with the kind of legal conflicts that broke out in the Atlantic New World between merchant interests from different parts of Europe. Case studies are made of two disputes: one between Samuel Argall of the Virginia Company and a factor on behalf of Antoinette de Pons at the Île des Monts-Déserts, and the other between the Compagnie de Caën and the Kirke brothers at the Saint Lawrence River. Together, these case studies reveal how important it was for merchant interests to have resident ambassadors and state officials advancing their interests in England and France. Procedural difficulties and jurisdictional uncertainty often impeded the road to redress. Additionally, this article suggests that the peacetime reckoning of events associated with warfare provided an optimal opportunity for disaffected private actors to have their claims for redress recognised. The extent to which private overtures for restitution relied upon public acts of diplomacy reveals some of the reasons why it is not possible to date the origins of private international law before the long nineteenth century. Rather we might profitably identify, in events such as these, the prehistory of private international law
Peacetime · Political science · Redress · Restitution · State (computer science · American Constitutional Law and Politics · Historical Economic and Legal Thought · Historical Legal Studies and Society · History · Law
The Channel
The State in Early Modern France
The King's Council in England during the Middle Ages
La Compagnie de la Nouvelle-France et la restitution de l'Acadie (1627-1636)
Diplomacy and Advocacy
The Company-State
A Search for Sovereignty
The Political and Religious Origins of La Rochelle’s Primacy in Trade With New France, 1627–1685
Richelieu's Army
Corporations and Business Associations from the Commercial Revolution to the Age of Discovery
Toward a New Legal History of Piracy
The Early Trading Companies of New France
From memory to written record
The VOC as a Company-State
Les débuts difficiles de la Compagnie de la Nouvelle-France
Où est la Nouvelle-France1
The Institutions of France under the Absolute Monarchy, 1598-1789. II
Amphibious Power”
Merchants and the Admiralty Court during the English Revolution
Some Problems of Admiralty Jurisdiction in the 17th Century
Common and Civil Law? Taking Possession of the English Empire in America, 1575-1630
Taking Possession and Reading Texts
Colonial Law and Cultural Difference
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,09 |
| Citation span | 2015 - 2015 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |