Tratado de Antuérpia (1609)

O Tratado de Antuérpia, que deu início à Trégua dos Doze Anos, foi um armistício assinado em Antuérpia em 9 de abril de 1609 entre a Espanha e os Países Baixos, criando a principal interrupção nas hostilidades durante a Guerra dos Oitenta Anos pela independência conduzida pelas Dezessete Províncias nos Países Baixos.

Propostas e termos

Em fevereiro de 1608, os negociadores holandeses apresentaram aos seus homólogos espanhóis três propostas diferentes em relação ao comércio ultramarino nas Índias Orientais. A primeira proposta sugeria que a paz na Europa fosse estabelecida com a permissão de livre comércio em territórios ultramarinos que não estivessem sob controle do Império Espanhol. A segunda proposta previa que a paz na Europa fosse estabelecida junto a uma trégua que permitisse comércio ultramarino livre por um período de anos. A terceira proposta propunha que o comércio ultramarino fosse baseado em uma política de “por conta e risco”. Por fim, os espanhóis escolheram a segunda das três propostas. Com base nos termos do acordo, aos Países Baixos foi concedido o direito de comercializar em territórios ultramarinos controlados pelo Império Espanhol, desde que obtivessem uma licença expressa do Rei da Espanha. Além disso, os holandeses puderam engajar-se em comércio irrestrito fora das possessões coloniais espanholas, com a permissão dos nativos. De acordo com um protocolo redigido pelos enviados ingleses e franceses, os holandeses conseguiram, durante as negociações, reservar o direito de ajudar quaisquer nativos que tivessem concluído relações de tratado com eles, e tais ações não constituiriam violação do armistício geral.^[1]

Hugo Grotius

Como nota paralela, a formação do acordo foi influenciada pelos escritos de Hugo Grotius em Mare Liberum (“Os Mares Livres”), publicado em 1609 por insistência da Companhia Holandesa das Índias Orientais; o panfleto foi publicado anonimamente em Leiden cerca de um mês antes da conclusão do tratado.^[2]

Johan van Oldenbarnevelt

Johan van Oldenbarnevelt e as oligarquias urbanas de Holanda elaboraram outro tratado de paz para evitar qualquer recomeço de hostilidades com a Espanha quando o Tratado de Antuérpia expirasse em 1621. Contudo, o estatuder Maurício de Nassau, principal rival de Oldenbarnevelt no governo das Províncias Unidas, liderou uma facção de nobres que apoiava a retomada das hostilidades com a Espanha e conseguiu prender Oldenbarnevelt em 1618.^[3]

Ver também

Lista de tratados

Referências

↑ Grewe, p. 159. "In February 1608 the Dutch negotiators submitted to their Spanish counterparts three alternative proposals relating to the question of the Indies: 1) Peace in Europe and free trade with those overseas territories that were not in Spanish possession at that time; 2) Peace in Europe and a truce in the overseas regions for a period of years in which the overseas trade was to be free; or 3) Overseas trade at one's own risk according to the English-French model. The Spanish accepted as a basis of discussion the second proposal only. They did so only after a temporary interruption of negotiations, when the Armistice Treaty of Antwerp was concluded on 9 April 1609. It granted the Netherlands the right to trade with Spanish possessions only under the condition of an express license from the king. However, outside the Spanish possessions the Dutch were to be allowed, with the permission of the natives, to engage in unhindered trade. A protocol written by the English and French envoys stated that the Dutch, in the negotiations, had reserved the right to provide assistance to those natives with whom they had already concluded treaty relations, and that this would not violate the armistice."
↑ Armitage, pp. 52-53. "The publication of Hugo Grotius's Mare Liberum in 1609 coincided with James's policy of restricting Dutch fishing in British waters, thus putting a specifically Scoto-British argument for mare clausum at the centre of a global argument over rights of dominium. The work, a fragment of the larger treatise De Jure Prede, was published at the insistence of the Dutch East India Company in the context of the negotiations towards what would become the Twelve Years Truce between Spain and the United Provinces. Grotius justified Dutch rights of trade and navigation in the East Indies against the claims of the Portuguese by arguing from natural law principles that anything publicum - such as the air, the sea, and the shore of that sea - was the common property of all, and hence could be the private property of none. The polemical purpose of this was clear: to deny that any state could make the sea an accessory to its realm, and to enforce freedom of navigation throughout the ocean, as a Dutch counterblast to Portuguese claims of dominium over the seas on grounds of first discovery, papal donation, rights of conquest or title of occupation. Though the East Indian context was uppermost in Grotius's argument and provided the spur for its publication, this did not prevent James's subjects from imagining that his claims to freedom of the seas were made at the expense of their own demands for new restrictions on Dutch fishing rights: 'K[ing] James coming in the Dutch put out Mare Liberum, made as if aimed at mortifying the Spaniards' usurpation in the W. and E. Indyes, but aimed indeed at England', noted one commentator in 1673. Indeed, the Treaty of Antwerp (1609) secured Dutch rights of navigation in the East Indies only a month after Grotius's pamphlet was published anonymously in Leiden."
↑ Fix, p. 67. "Oldenbarnevelt and the urban oligarchies of Holland formed a peace treaty opposing renewed hostilities with Spain when the so-called Twelve Year Truce expired in 1621, but Nassau, Oldenbarnevelt's chief rival for power within the government of the United Provinces, led a noble faction favoring a resumption of the war as well as a greater centralization of the Dutch government than the oligarchs were willing to permit. ... As the end of the truce neared the political quarrel reached crisis point in 1618 when Nassau managed to have Oldenbarnevelt arrested."

Fontes

Armitage, David. "Making the Empire British: Scotland in the Atlantic World 1542-1707". Past and Present, No. 155. (May, 1997), pp. 34–63.
Fix, Andrew. "Radical Reformation and Second Reformation in Holland: The Intellectual Consequences of the Sixteenth-Century Religious Upheaval and the Coming of a Rational World View". Sixteenth Century Journal, Volume 18, No. 1 (Spring, 1987), pp. 63–80.
Grewe, Wilhelm Georg (translated by Michael Byers). The Epochs of International Law. Walter de Gruyter, 2000. ISBN 3-11-015339-4
Dlugaiczyk, Martina. Der Waffenstillstand (1609–1621) als Medienereignis. Politische Bildpropaganda in den Niederlanden, Münster, New.York 2005.

[1] Grewe, p. 159. "In February 1608 the Dutch negotiators submitted to their Spanish counterparts three alternative proposals relating to the question of the Indies: 1) Peace in Europe and free trade with those overseas territories that were not in Spanish possession at that time; 2) Peace in Europe and a truce in the overseas regions for a period of years in which the overseas trade was to be free; or 3) Overseas trade at one's own risk according to the English-French model. The Spanish accepted as a basis of discussion the second proposal only. They did so only after a temporary interruption of negotiations, when the Armistice Treaty of Antwerp was concluded on 9 April 1609. It granted the Netherlands the right to trade with Spanish possessions only under the condition of an express license from the king. However, outside the Spanish possessions the Dutch were to be allowed, with the permission of the natives, to engage in unhindered trade. A protocol written by the English and French envoys stated that the Dutch, in the negotiations, had reserved the right to provide assistance to those natives with whom they had already concluded treaty relations, and that this would not violate the armistice."

[2] Armitage, pp. 52-53. "The publication of Hugo Grotius's Mare Liberum in 1609 coincided with James's policy of restricting Dutch fishing in British waters, thus putting a specifically Scoto-British argument for mare clausum at the centre of a global argument over rights of dominium. The work, a fragment of the larger treatise De Jure Prede, was published at the insistence of the Dutch East India Company in the context of the negotiations towards what would become the Twelve Years Truce between Spain and the United Provinces. Grotius justified Dutch rights of trade and navigation in the East Indies against the claims of the Portuguese by arguing from natural law principles that anything publicum - such as the air, the sea, and the shore of that sea - was the common property of all, and hence could be the private property of none. The polemical purpose of this was clear: to deny that any state could make the sea an accessory to its realm, and to enforce freedom of navigation throughout the ocean, as a Dutch counterblast to Portuguese claims of dominium over the seas on grounds of first discovery, papal donation, rights of conquest or title of occupation. Though the East Indian context was uppermost in Grotius's argument and provided the spur for its publication, this did not prevent James's subjects from imagining that his claims to freedom of the seas were made at the expense of their own demands for new restrictions on Dutch fishing rights: 'K[ing] James coming in the Dutch put out Mare Liberum, made as if aimed at mortifying the Spaniards' usurpation in the W. and E. Indyes, but aimed indeed at England', noted one commentator in 1673. Indeed, the Treaty of Antwerp (1609) secured Dutch rights of navigation in the East Indies only a month after Grotius's pamphlet was published anonymously in Leiden."

[3] Fix, p. 67. "Oldenbarnevelt and the urban oligarchies of Holland formed a peace treaty opposing renewed hostilities with Spain when the so-called Twelve Year Truce expired in 1621, but Nassau, Oldenbarnevelt's chief rival for power within the government of the United Provinces, led a noble faction favoring a resumption of the war as well as a greater centralization of the Dutch government than the oligarchs were willing to permit. ... As the end of the truce neared the political quarrel reached crisis point in 1618 when Nassau managed to have Oldenbarnevelt arrested."

[1]

[2]

[3]