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
him above all to refute the arguments of Welwood concerning the _mare
proximum_, as well as to demolish the claims of King James, denies the
existence of sovereignty or property in any part of the sea, whereas
it appears to be allowed by implication in _Mare Liberum_, and is
expressly admitted in his later and larger work. Here he says, and
more logically, that whatever applies to the whole sea applies to
all its parts, even to a diverticulum, and he allows no exception for
the sea washing a coast: a conclusion, however, at variance with the
general practice of the time. This tract, as already stated, was not
published by the author, probably because it was likely to excite still
more the ire of James at finding his “rights” again “questioned.”[639]
In contrast with the writings of Welwood may be cited the opinions of
another and more eminent Scottish lawyer, Sir Thomas Craig, who touched
upon the subject of maritime jurisdiction in a non-controversial work
published before the juridical controversy had arisen.[640] He states
that the sea is common to all for navigation, but that property and
jurisdiction in the adjacent sea pertains to the neighbouring territory
according to the current opinion--the sea washing the coast of France,
England, Scotland, Ireland, &c., to the respective countries. No limits
or bounds are laid down by Craig as to the partitioning of the sea in
this way, but when dealing with the theoretical question of islands
arising in the sea, he follows Bartolus in assigning a space of 100
miles from the coast. He admits that certain seas may be prescribed, as
the Adriatic, which Venice, though not possessing the shores, claimed
by prescription. With respect to fisheries, the Scottish author, as
might have been expected, holds that those in the adjoining sea belong
to the bordering state: they are prescribed, and fishing there may be
permitted or prohibited according to custom; and he says that it was
not without great injury to us that the Dutch carry on their fishery
around our islands.[641]
Public-domain text, read in full here on John Shaqi.
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