686 THE SOVEREIGNTY OF THE SEA 



determined independent of military force, and should be the 

 same everywhere. 1 



Another Scandinavian publicist, Professor Aschehoug, also 

 argues for a wide extent of territorial sea under international 



o 



law, according to the principles previously described. He 

 thinks that it is impossible to exclude from the territorial 

 sea of a people that space which is commanded by their 

 guns on shore ; and vice versa, this space is necessary to 

 preserve the shores from the projectiles of belligerents. The 

 state has all the rights of sovereignty in this area, as those 

 connected with neutrality, police, inspection, jurisdiction, and 

 the exclusive right of fishery and other usufructs, except 

 the right of forbidding navigation. 2 



The eminent Russian authority, Professor de Martens, ex- 

 presses a strong opinion that the three-mile limit is now 

 quite inadequate, and that a state has the power to extend 

 it. The only true boundary of the territorial sea is, he says, 

 the range of guns from the coast, Bynkershoek's aphorism 

 terrce dominium finitur ubi finitur armorum vis forming 

 the only legal and rational foundation for the delimitation. 

 Within the zone so determined the bordering state has exclusive 

 sovereignty and dominion, and the exclusive right of fishing. 

 The limit of the territorial waters ought therefore to change 

 with the modifications in the range of cannon. If at one time 

 the reach of guns was three miles, then the extent of the 

 territorial sea at that time was only three miles. If at the 

 present day, he says, cannon carry to twelve, or even fifteen, 

 miles, the territorial waters extend to the same distance. 

 De Martens, however, thinks that an international agreement 

 with regard to such limits is necessary to ensure the success 

 of the measures of protection established in the open sea 

 for the preservation of the legitimate interests of each nation, 

 especially with regard to fisheries. But he holds that until 

 such an international arrangement has been accomplished, 

 each state has the incontestable right to declare as its terri- 

 torial sea the waters which are dominated by batteries on 

 its coasts. In view of the necessity of precisely defining 



1 Neutralitetens Lagar, i. s. 160 ; Annuaire de I'Institut de Droit International, 

 xii. 140. 



2 Norges 0/entlige Ret, 79-81 ; Annuaire, xi. 141. 



