2008 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



United Kingdom, or the coast of some other part of Her Majesty's 

 dominions, as is deemed by international law to be within the terri- 

 torial sovereignty of Her Majesty ; " 



That is section 7 of this Act of 1878, The Territorial Waters Act, 

 British Appendix, p. 574. 



Despagnet has stated the rule very accurately in the work which 

 is already in the hands of the Court. He says in section 411 of his 

 work : 



" But the reasons which justify the sovereignty of the state beyond 

 the limits of its terrestrial territory are always the same. 



" Perels summarizes them in three principles : 



" First. The security of the adjacent state requires that it shall 

 have exclusive possession of its shores and that it may protect the 

 approaches. 



" Second. The surveillance of vessels which enter, leave, or sojourn 

 in its territorial waters is imposed by the guaranty of efficient police 

 and the advancement of its political, commercial and fiscal interests. 



" Third. Finally, the exclusive enjoyment of the territorial waters, 

 e. g., for fishing and coastal trade, may be necessary to secure the 

 existence of coastal populations." 



The conclusions of the Institute of International Law at the meet- 

 ing of 1894 contain what is supposed to be a correct statement of the 

 relation of the State to this kind of right. The resolution adopted 

 there is as follows: 



" The State has a right of sovereignty over a zone of sea which 

 washes the shore, subject to the right of innocent passage reserved in 

 Article 5. This zone bears the name ' territorial sea.' ' 



The President of the Tribunal will perhaps remember that in the 

 debate which took place at that meeting of the Institute of Inter- 

 national Law the original report of this resolution was a little 

 broader, and it took the form " a State has the right of sovereignty," 

 and that was modified in the final resolution by substituting " a " 

 for " the," so that it read " has a right of sovereignty." 



DR. DRAGO: I think a marginal breadth of six miles was recom- 

 mended. 



SENATOR ROOT: The Institute fixed upon a margin of six miles, I 



think. 

 1216 JUDGE GRAY: Recommended. 



SENATOR ROOT: Yes, recommended a margin of six miles. 

 Of course, I am referring to it with reference to the character of the 

 relation of the State to the zone, whatever it is. 



DR. DRAGO: Was there not a difference mentioned in the discussion, 

 between the right of property on the marginal water and the imperium 

 over it or right of sovereignty, so that the State could have the im- 

 perium but not the ownership? 



SKNATOR ROOT: That I understand to be the effect of the conclusion 

 reached by the Institute of International Law. 



