Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
It is certain that no international usage sanctions the employment by
one belligerent against the other of mines, or other secret
contrivances, which would, without notice, render dangerous the
navigation of the high seas. No belligerent has ever asserted a right to
do anything of the kind; and it may be in the recollection of your
readers that strong disapproval was expressed of a design, erroneously
attributed to the United States a few years since, of effecting the
blockade of certain Cuban ports by torpedoes, instead of by a cruising
squadron. These, it was pointed out, would superadd to the risk of
capture and confiscation, to which a blockade-runner is admittedly
liable, the novel penalty of total destruction of the ship and all on
board.
It may be worth while to add, as bearing upon the question under
discussion, that there is a tendency in expert opinion towards allowing
the line between "territorial waters" and the "high seas" to be drawn at
a considerably greater distance than the old measurement of three miles
from the shore.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, May 23 (1904).
TERRITORIAL WATERS
Sir,--Most authorities would, I think, agree with Admiral de Horsey that
the line between "territorial waters" and "the high sea" is drawn by
international law, if drawn by it anywhere, at a distance of three miles
from low-water mark. In the first place, the ridiculously wide claims
made, on behalf of certain States, by mediæval jurists were cut down by
Grotius to so much water as can be controlled from the land. The Grotian
formula was then worked out by Bynkershoek with reference to the range
of cannon; and, finally, this somewhat variable test was before the end
of the eighteenth century, as we may see from the judgments of Lord
Stowell, superseded by the hard-and-fast rule of the three-mile limit,
which has since received ample recognition in treaties, legislation, and
judicial decisions.
The subordinate question, also touched upon by the Admiral, of the
character to be attributed to bays, the entrance to which exceeds six
miles in breadth, presents more difficulty than that relating to
strictly coastal waters. I will only say that the Privy Council, in _The
Direct U.S. Cable Co._ v. _Anglo-American Telegraph Co._ (L.R. 2 App.
Ca. 394), carefully avoided giving an opinion as to the international
law applicable to such bays, but decided the case before them, which had
arisen with reference to the Bay of Conception, in Newfoundland, on the
narrow ground that, as a British Court, they were bound by certain
assertions of jurisdiction made in British Acts of Parliament.
Public-domain text, read in full here on John Shaqi.
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