644 



THE SOVEREIGNTY OF THE SEA 



Jurisdiction Act, we accordingly find a distinction drawn 

 between the exclusive fishery limits under international law 

 and those under specific treaties or conventions. In the de- 

 finition clause, the expression " British Islands " is explained 

 to mean the United Kingdom of Great Britain and Ireland, 

 the Isle of Man, the Channel Islands, and their dependencies, 

 and it is declared that " the expression ' exclusive fishery 

 limits of the British Islands ' means that portion of the seas 

 surrounding the British Islands within which Her Majesty's 

 subjects have, by international law, the exclusive right of 

 fishing, and where such portion is defined by the terms of 

 any convention, treaty, or arrangement for the time being 

 in force between Her Majesty and any Foreign State, in- 

 cludes, as regards the sea-fishing boats and officers and subjects 

 of that State, the portion so defined." l 



From all this it would appear that, notwithstanding the 

 ambiguity introduced by the unqualified phrase "the whole 

 extent of the coasts of their respective countries," the definition 

 of the exclusive fishery limits in the convention of 1882 applies 

 only to the coasts of the North Sea. In the convention of 1839 

 with France, on the other hand, there seems no reason to doubt 

 that the three-mile limit was applied to all parts of the coasts 

 of Great Britain and France respectively. By Article ix. it 

 was declared that the exclusive right of fishing was reserved 

 for subjects within that distance "along the whole extent of 

 the coasts " of each country ; and the British Act of Parliament 

 to carry into effect this convention, and the international 

 regulations agreed upon under it, so far from expressing any 

 qualification or reservation as in the Act of 1883, made it clear 

 that the limit applied generally. In the preamble it is stated 

 that " Whereas a Convention was concluded between Her 

 Majesty and the King of the French . . . defining *the limits 

 of the oyster fishery between the island of Jersey and the 

 neighbouring coast of France, and also defining the limits of 

 the exclusive right of fishery on all other parts of the coasts 

 of the British Islands and France " ; and Article 85 of the 

 regulations enacted that the fishing-boats of the one country, 



trawlers apart altogether from the general international rule as to the three-mile 

 limit." June 28th, 1889. Hansard, vol. 337, p. 975. 

 1 46 & 47 Viet., c. 22, s. 28. 



