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Persian Gulf has been the first sea where man has been able to navigate there. This sea road which connects East of Asia, its banks and islands with Persian Gulf and other regions of Asia and finally Europe, has been of great importance in the history. As the land roads were not safe and secure and the capacity of the ships was suitable for passenger and goods transportation, most of traders and merchants preferred sea road to the other ways. The navigation rules and regulations at this region were in a form that there was no need of being military force for keeping sea transportation security. During the 16th century A.D. the arrival of the European forces has changed many of the traditional usages and influenced on the marine trading in this region. It is assumed that legal system which has been applied in sea trading between Persian Gulf and east of Asia were rules such as the right to innocent passage, freedom of navigation principal, the immunity of extraterritorial ships and their crew.
Persian Gulf and Oman Sea. This made a kind of monopoly over the water between west and east of Asia.26 Muslim traders’ political and commercial power was badly damaged by the Portuguese invaders. They neglected the rights of the natives and other traders and began to terror and exclude them.27 This behavior of Portuguese was the same as Spanish activities in other parts of the world. The reason of such activities was that Muslims were the only obstacles at the face of Portuguese monopoly and breaching the rights of the natives and inhabitants of the region .Of course after the abandon of the Portuguese from Seiylan, Muslims continued their presence there and even now the mayor of Colombo according to a traditional custom is nominated among the Muslims and 28 members out of 151 members of the parliament are Muslim.28 Except Portuguese, English and Netherland’s also entered Malaya islands and all the legal, internal and commercial affairs of this region were under their control for a long time.
According to special command of the first Safavid King29 of Iran, East India Company at 1623 (A.D.) started to trade with Iran and the exclusive right of exporting silk was at the hands of Netherland. This company could only do its trading and develop its commercial affairs through the navigation in Persian Gulf and Oman Sea if they paid the marine trading legal tax and appreciate the state and king of Iran. The passage of ships had to be according to the contract between two parties. 30
All the mentioned events are shown that, although there seems to be not considering a clear and certain legal procedure for marine trading at this time, but a general legal system including traditional usages, uninterrupted passage of ships or innocent passage, immunity of extraterritorial ships and their crew and were applied.
unsecure but this problem generally happened at land. At sea there was usually a stable situation and the main players of international marine trading meaning, Iranians, Arabs, Indians and Chinese had reached to a peaceful symbiosis with each other and had formally accepted each other’s role and presence. This had formed a kind of regional usage at sea. Marine trading between west and east of Asia has a long history and water has provided cultural and religious exchanges and goods transportation too. At 16th century A.D. with the entrance of Europeans including Portuguese, Spanish, Netherland’s and English, to this region, most of the legal and commercial rules and regulations were breached and the boundary arrangement which was necessary to increase certainty, reduce transportation costs and facilitate international cooperation was abolished. As a whole, although one cannot consider a certain legal system and procedure for marine trading at that time, but it can be assumed that legal system which has been applied in sea trading between Persian Gulf and Oman Sea with the far east of Asia, were rules such as mare liberum, meaning open waters, freedom of navigation principal, the immunity of extraterritorial ships and their crew, uninterrupted passage and the right to innocent passage and some traditional usages.
Persian Gulf and Oman Sea. This made a kind of monopoly over the water between west and east of Asia.26 Muslim traders’ political and commercial power was badly damaged by the Portuguese invaders. They neglected the rights of the natives and other traders and began to terror and exclude them.27 This behavior of Portuguese was the same as Spanish activities in other parts of the world. The reason of such activities was that Muslims were the only obstacles at the face of Portuguese monopoly and breaching the rights of the natives and inhabitants of the region .Of course after the abandon of the Portuguese from Seiylan, Muslims continued their presence there and even now the mayor of Colombo according to a traditional custom is nominated among the Muslims and 28 members out of 151 members of the parliament are Muslim.28 Except Portuguese, English and Netherland’s also entered Malaya islands and all the legal, internal and commercial affairs of this region were under their control for a long time.
According to special command of the first Safavid King29 of Iran, East India Company at 1623 (A.D.) started to trade with Iran and the exclusive right of exporting silk was at the hands of Netherland. This company could only do its trading and develop its commercial affairs through the navigation in Persian Gulf and Oman Sea if they paid the marine trading legal tax and appreciate the state and king of Iran. The passage of ships had to be according to the contract between two parties. 30
All the mentioned events are shown that, although there seems to be not considering a clear and certain legal procedure for marine trading at this time, but a general legal system including traditional usages, uninterrupted passage of ships or innocent passage, immunity of extraterritorial ships and their crew and were applied.
unsecure but this problem generally happened at land. At sea there was usually a stable situation and the main players of international marine trading meaning, Iranians, Arabs, Indians and Chinese had reached to a peaceful symbiosis with each other and had formally accepted each other’s role and presence. This had formed a kind of regional usage at sea. Marine trading between west and east of Asia has a long history and water has provided cultural and religious exchanges and goods transportation too. At 16th century A.D. with the entrance of Europeans including Portuguese, Spanish, Netherland’s and English, to this region, most of the legal and commercial rules and regulations were breached and the boundary arrangement which was necessary to increase certainty, reduce transportation costs and facilitate international cooperation was abolished. As a whole, although one cannot consider a certain legal system and procedure for marine trading at that time, but it can be assumed that legal system which has been applied in sea trading between Persian Gulf and Oman Sea with the far east of Asia, were rules such as mare liberum, meaning open waters, freedom of navigation principal, the immunity of extraterritorial ships and their crew, uninterrupted passage and the right to innocent passage and some traditional usages.