OPINIONS OF RECENT PUBLICISTS 689 



opinion which is shared by Bishop, Woolsey, Fiore, and Hall. 

 Nearly all those who mention three miles as the boundary 

 of the territorial seas and they are almost wholly English 

 or American couple with it the alternative, "or the range 

 of cannon," as Wheaton, Manning, Halleck, Phillimore, Bishop, 

 Dana, Twiss, Ferguson, and Woolsey. In this they merely 

 adopt the language used by Lord Stowell at the beginning 

 of last century, and which was quite appropriate at the 

 time. But for more than half a century the range of guns 

 has exceeded three miles, and to use the terms now as if they 

 'were synonymous tends only to confusion. Some modern 

 publicists, it may be added, as Kent, Heffter, and Fiore, 

 follow Wolff and Vattel in the opinion that the limit of 

 territorial waters may be extended in certain cases beyond 

 the range of guns. 



Moreover, quite lately the subject of the territorial sea has 

 been jointly and exhaustively inquired into by the leading 

 publicists of Europe, and with important results. In 1887 the 

 International Law Association appointed a committee to con- 

 sider the definition and regime of the territorial waters, and 

 two years afterwards the Institut de Droit International 

 followed the same course. 1 A long series of questions was 

 circulated among the members to elicit their opinions on the 

 various points connected with the subject; the whole matter 

 was discussed and considered at various subsequent annual 

 meetings; and the rules as finally adopted and approved 

 by the Institute and the Association may therefore be 



1 The Committee of the Association was composed of ten members viz., Sir 

 Travers Twiss, President; Sir George Baden-Powell ; Hon. D. Dudley Field, New 

 York ; Dr F. Sieveking, President of the Hanseatic High Court of Appeal, Hamburg ; 

 Mr E. H. Schweigaard, Christiania; Rear-Admiral P. H. Colomb ; E. Edouard 

 Clunet, Paris ; Dr E. N. Rahusen, Amsterdam ; Mr T. H. Haynes ; and Mr (now Sir) 

 Thomas Barclay, Paris, who was Secretary. The Committee of the Institut com- 

 prised twenty -four members, including Sir Travers Twiss; Professor Westlake ; 

 Professor Lorimer ; M. Desjardins, Advocate -General of the Court of Cassation ; 

 Feraud-Giraud, Judge of the French Court of Cassation ; Harburger, Judge of 

 the Court of First Instance at Munich ; Hartmann, Privy Councillor, Hanover ; 

 Perels, Director of the German Admiralty; Marquis d'Olivart, Ex -Professor of 

 International Law, Madrid ; Edouard Rolin, Editor of the Revue de Droit Inter- 

 national ; &c. M. Renault, the Paris Professor of International Law, was 

 appointed "reporter" to the Committee, but this position was soon occupied by 

 Sir Thomas Barclay. 



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