In the chapter of his Commentary on the Law of Prize and Booty that he published, anonymously, as the pamphlet Mare Liberum, the seventeenth-century jurist Hugo Grotius made an apt point: 'If, on the other hand, the Portuguese describe as ‘occupancy’ the acts of navigating at an earlier date than other peoples and of more or less opening the way, what contention could be more absurd? For there is no part of the sea upon which someone has not been the first to enter, so that it would necessarily follow from such a contention that every navigable region had been ‘occupied’ by some voyager. Thus we should be excluded from all parts of the sea. Indeed, it would even be necessary to admit that the [earliest] circumnavigators of the globe had ac...