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8 - Trade and Navigation in Renaissance Europe

from Part I - International Law in Renaissance Europe (1492–1660)

Published online by Cambridge University Press:  22 April 2025

Randall Lesaffer
Affiliation:
KU Leuven and Tilburg University
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Summary

In the period of the Renaissance, trade became a matter of legislation and policy. Municipal governments and princes aimed to facilitate trade. International trade relations became increasingly supervised by states. This came in tandem with more treaties. From the middle of the fifteenth century onwards, specialized institutions were created and they increased control over foreign merchants. As a result of growing government intervention, the rules relating to trade were found in bylaws, charters and statutes. Besides those there were customs of trade, which were mostly local. New mercantile techniques, becoming widespread in this period, were maritime insurance, bills of exchange and partnerships of merchants. Insolvency became regulated in the sixteenth century. From the 1500s onwards, rights of hospitality for traders and a right of trade were developed in ius gentium writings. However, due to the mostly local customs and legislation, trade across European countries was far from harmonised. Gerald Malynes proposed a universal custom of trade, but he struggled with the combination of ius gentium ideas with the more factual customs of trade. His views nonetheless laid the basis for later categorisations of commercial law as being customary and transnational.

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Publisher: Cambridge University Press
Print publication year: 2025

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References

Further Reading

Baker, John, ‘Law merchant as a source of English law’ in Baker, , Collected Papers on English Legal History (Cambridge: Cambridge University Press 2013) 1283–304.Google Scholar
Basile, Mary Elizabeth et al. (eds.), Lex Mercatoria and Legal Pluralism. A Late-Thirteenth-Century Treatise and Its Afterlife (Cambridge: Ames Foundation 1998).Google Scholar
Blockmans, Wim et al. (eds.), The Routledge Handbook of Maritime Trade around Europe, 1300–1600 (London: Routledge 2017).Google Scholar
Cordes, Albrecht, ‘Lex maritima? Local, regional, and universal maritime law in the Middle Ages’ in Blockmans, Wim et al. (eds.), The Routledge Handbook of Maritime Trade around Europe, 1300–1600 (Abingdon: Routledge 2017) 6985.Google Scholar
Dauchy, Serge, Heikki, Pihlajamäki, Albrecht, Cordes and De ruysscher, Dave (eds.), Colonial Adventures: Commercial Law and Practice in the Making (Leiden and Boston: Brill/Nijhoff 2020).Google Scholar
Galgano, Francesco, Lex mercatoria (Bologna: Il Mulino 2010).Google Scholar
Gelderblom, Oscar, Cities of Commerce. The Institutional Foundations of International Trade in the Low Countries, 1250–1650 (Princeton: Princeton University Press 2013).Google Scholar
Gialdroni, Stefania et al. (eds.), Migrating Words, Migrating Merchants: Migrating Law. Trading Routes and the Development of Commercial Law (Leiden and Boston: Brill/Nijhoff 2019).Google Scholar
Harris, Ron, Going the Distance. Eurasian Trade and the Rise of the Business Corporation, 1400–1700 (Princeton: Princeton University Press 2020).Google Scholar
Kadens, Emily, ‘The myth of the customary law merchant’, Texas Law Review, 90 (2012) 1154–206.Google Scholar
Ogilvie, Sheilagh, Institutions and European Trade. Merchant Guilds, 1000–1800 (Cambridge: Cambridge University Press 2011).Google Scholar
Petit, Carlos, Historia del derecho mercantil (Barcelona: Marcial Pons 2016).Google Scholar
Pihlajamäki, Heikki, Cordes, Albrecht, De ruysscher, Dave and Dauchy, Serge (eds.), Understanding the Sources of Early Modern and Modern Commercial Law. Courts, Statutes, Contracts and Legal Scholarship (Leiden and Boston: Brill/Nijhoff 2018).CrossRefGoogle Scholar
Rogers, James Steven, The Early History of the Law of Bills and Notes. A Study of the Origins of Anglo-American Commercial Law (Cambridge: Cambridge University Press 1995).Google Scholar
Szramkiewicz, Romuald, and Descamps, Olivier, Histoire du droit des affaires (Paris: LGDJ 2013).Google Scholar

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