The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial WatersFulton, Thomas Wemyss
History
The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters
Fulton, Thomas Wemyss
Fisheries -- Great Britain; Great Britain. Royal Navy -- History; Sea-power; Territorial waters -- Great Britain -- History
Cannon-range and three-mile limit as its equivalent introduced into
English Jurisprudence in 1800, 1801--Lord Stowell’s decisions
regarding the _Twee Gebroeders_ and the _Anna_ in British High
Court of Admiralty--Restricted to questions of neutrality--The
practice of Great Britain and the United States leads to
general adoption of three-mile limit--First applied to fisheries (of
North America) by Great Britain--Treaty of 1818--Negotiations
concerning Behring Sea--Russian claim of 100 miles--Adoption of
gunshot or three miles--Judicial decisions as to extent of territorial
sea--The Bristol Channel--Conception Bay--Statutes relative
to territorial waters--Foreign Enlistment Act--Territorial
Waters Jurisdiction Act--The _Franconia_ case--Three-mile
limit restricted to the open coast for certain purposes only--Bays
excluded--The Hovering Acts--Customs’ jurisdiction--Quarantine
Acts--Opinions of publicists of earlier part of nineteenth
century--Rayneval, Chitty, Schmalz, Klüber, Wheaton, Kent,
Manning, Heffter, Reddie, Ortolan, Hautefeuille, Pistoye and
Duverdy, Massé--Summary--Most accept cannon-range--Few
accept the three-mile limit 576
CHAPTER III.
THE FISHERY CONVENTIONS.
In nineteenth century the boundaries of territorial sea concerned
chiefly with fisheries--Encroachment of foreign fishermen--Dutch
decrees of 1824 and 1829 fixing a limit of two leagues on British
coast--Disputes with French fishermen--Inquiry by select committee
of House of Commons, 1833--Their recommendations--Opinion as to
bays--Renewed encroachments and disputes--Convention with France,
1839--Three-mile limit and ten miles for bays adopted--Granville
Bay reserved for French--Regulations regarding trawling--Disputes
with Belgian and Dutch fishermen--Belgians claim special rights
under Bruges Charter--Convention of 1852 with Belgium--Dispute
about Fame Islands--Second Convention with France, 1867--Not
ratified--Question of Irish oyster-beds beyond three-mile
limit--Fishery disputes in British North America--The definition
of bays and creeks--British cruisers seize American vessels--The
British Government relax the rule as to Bay of Fundy--Decision of
referee as to this bay--Reciprocity Treaty, 1854--Terminated by
United States, 1866--Concessions by British Government--Licenses
to American vessels--A six-mile limit for bays conceded--Treaty
of Washington, 1871--Terminated by United States, 1885--Treaty
of Washington, 1888--Precise delimitation of bays--Treaty not
ratified by United States--_Modus vivendi_ conceded and still in
force--Discussion as to bays--Renewed disputes in North Sea--The
Belgian “Devil”--The Higgin’s Inquiry--Conference at Hague,
1881--Views of British Government as to territorial limit--Question
of dependent banks--Trawling and preservation of fish--North Sea
Convention, 1882--Sweden and Norway refuse to join--Discussion
Public-domain text, read in full here on John Shaqi.
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