土耳其人的海难》:十八世纪地中海法律秩序中的主权、野蛮与文明

IF 1.8 1区 历史学 Q1 HISTORY Past & Present Pub Date : 2024-10-30 DOI:10.1093/pastj/gtae030
Guillaume Calafat, Francesca Trivellato
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引用次数: 0

摘要

本文重点探讨了一件重大国际事件--1716 年一艘载有 165 名穆斯林朝圣者的法国船只在西西里岛南部海岸遇难--的后果,以探讨 18 世纪法律和政治制度重新排序的两个关键问题:专制主义国家国内主权的限制以及非基督教政体在万国法理论和实践中的地位。这一事件在当时引起了巨大反响,其发生的时间和地点对我们如何书写现代国际法的发展有着广泛的影响。关于十八世纪万国法的海洋层面的辩论大多集中在大西洋和印度洋,而我们则聚焦于地中海,在那里,地方性的海盗活动与基督教和穆斯林政体之间长期存在的互谅互让的外交和日常实践并存。在此,我们提请注意发生在外国领海的沉船事件及其启发式潜力,以便更好地理解有争议的海事法问题,如海岸线地位、中立和旗帜法。即使在通常被视为国际法历史分水岭的《乌得勒支和约》(1713-15 年)之后,这些规则也远未得到解决,沉船事件继续引发法律和哲学争论,其范围远远超出了 "自由海 "支持者和 "禁止海 "倡导者之间的著名争论。通过对 1716 年沉船事件的仔细研究,我们对卡尔-施密特所构建的陆地/海洋分界线提出了质疑,并证明领海与陆地领土一样,也是主权争端的对象。我们还展示了新出现的关于非基督教民族和国家 "野蛮 "的欧洲中心论是如何与希望在西欧国家、奥斯曼帝国及其北非省份之间达成正式协议的知识、经济和外交力量共存的。
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‘The Shipwreck of the Turks’: Sovereignty, Barbarism and Civilization in the Legal Order of the Eighteenth-Century Mediterranean
This article focuses on the consequences of a single major international affair — the shipwreck of a French ship carrying 165 Muslim pilgrims along the southern shores of Sicily in 1716 — to address two pivotal issues in the reordering of eighteenth-­century legal and political systems: the limits of domestic sovereignty in absolutist states and the status of non-Christian polities in the theory and practice of the law of nations. Both the time and place of this episode, which had a vast resonance at the time, have broad implications for how we write about the development of modern international law. While much of the debate on the maritime dimension of the eighteenth-century law of nations focuses on the Atlantic and the Indian Oceans, we spotlight the Mediterranean, where endemic corsairing activities coexisted with age-old diplomatic and day-to-day practices of accommodation and mutual recognition between Christian and Muslim polities. Here we draw attention to shipwrecks that occurred in foreign territorial waters and their heuristic potential for better understanding controversial issues of maritime law, such as the status of shorelines, neutrality and the law of the flag. Even after the Peace of Utrecht (1713–15), which is often regarded as a watershed moment in the history of international law, these rules were far from settled and shipwrecks continued to fuel legal and philosophical battles that extended well beyond the confines of the famous controversy between supporters of mare liberum and advocates of mare clausum. The close examination of the 1716 shipwreck leads us to challenge the land/sea divide as constructed by Carl Schmitt and demonstrate that territorial waters were objects of sovereign disputes in much the same way as land territories. We also show how the emerging Eurocentric discourse about the ‘barbarity’ of non-Christian peoples and nations coexisted with intellectual, economic and diplomatic forces interested in establishing formal agreements between Western European nations, the Ottoman Empire and its North African provinces.
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来源期刊
Past & Present
Past & Present Multiple-
CiteScore
2.80
自引率
5.60%
发文量
49
期刊介绍: Founded in 1952, Past & Present is widely acknowledged to be the liveliest and most stimulating historical journal in the English-speaking world. The journal offers: •A wide variety of scholarly and original articles on historical, social and cultural change in all parts of the world. •Four issues a year, each containing five or six major articles plus occasional debates and review essays. •Challenging work by young historians as well as seminal articles by internationally regarded scholars. •A range of articles that appeal to specialists and non-specialists, and communicate the results of the most recent historical research in a readable and lively form. •A forum for debate, encouraging productive controversy.
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