Abstract
Navigation is a public right. Navigation is not a governmental right. These two concepts are key to understanding the navigational freedom principle. The public navigation right is held in public trust, as applied under municipal law and international law both by trustee municipal governments and by the international trustee collective community of governments. The source of this public right to navigation is intriguingly ancient, and became refined in international law beginning with the high seas regime debates of the 17th century publicists. The public navigation right is protected under English municipal law of the same era within the Royal Prerogative jus publicum. The interface of the public navigation rights under international law and English municipal law came about in the Selden/Grotius dispute over occupation and possession of maritime areas, which formed the fulcrum and crucible for development and evolution of the navigational freedom principle as juridically manifest in navigational servitudes.Keywords: 17th century publicists; international law; international trustee collective community; municipal law; navigational servitudes; public navigation right; Royal Prerogative; trustee municipal governments
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