MODERN PRACTICE 669 



the shores, for corals, sponges, and other marine products, as 

 well as for fish. 1 



The extent of the territorial waters claimed by Norway and 

 Sweden is even greater than that claimed by Spain and Portu- 

 gal, owing to the method of measurement, the distance of four 

 geographical miles being measured either from the coast or 

 from the outermost part of the outermost isle or rock which is 

 not submerged by the sea at high tide. Such isles and rocks 

 are numerous on the Scandinavian coasts, so that the fishermen 

 distinguish the waters " within the rocks " (inom skdrs) from 

 those " without the rocks " (utoin skdrs) or at sea, and in many 

 places the extent of water reserved by the rule is very consider- 

 able. There appears, however, to be a difference in Sweden 

 and Norway %ts to the precise method of measurement. In 

 Norway such isles and rocks are appropriate for the base-line, 

 if they are not farther from the mainland than eight geograph- 

 ical miles of sixty to a degree ; and it seems to follow from 

 the rule that the measurement from the coast or shore must 

 be made at high-water, but this is not expressly said. 2 In 

 Sweden the isle or rock is spoken of as within one geograph- 

 ical league of the coast, and it may be such as is not continu- 

 ously submerged, but is periodically uncovered, which implies 

 a base of low-water. 3 On some parts of the Norwegian coast 



1 Tratado de comercio con el emperador de Marruecos, 20th November 1861. 

 Revista de Pesca Maritima, xiv. 149, 1898. Lopez y Medina, op cit., 72. 



2 This is also the interpretation made by Mr Arctander (Norsk Fiskeritidende, 

 Tolvte Aargang, 1893, p. 464) of the wording of the ordinances, that the line must 

 be drawn through points that lie above the water at high tide (jtod), the rule thus 

 differing from the usual one. On the other hand, the Norwegian Department of 

 the Interior, in replying to certain queries from the International Law Association, 

 stated, with reference to the royal ordinance of 1812 (see p. 653), that "it is not 

 expressly said whether the distance is to be reckoned at half-tide, high-water, or low- 

 water" ; and they did not suggest which ought to be adopted. Jiep., Seventeenth 

 Conference, 1895, p. 301. The Danish terms agree with the Swedish. See p. 655. 



3 Professor Auber thus states the practice in Norway : " Nous avons regarde 

 coinme tout naturel que, 1'ile n'e'tant pas situee plus qu'a deux anciens milles 

 inarins (deux quinziemes de degre) de la terre ferine, 1'etendue de la mer territoriale 

 doive etre compter jusqu'a un mille au delli de 1'ile, et ainsi de suite d'ile en ile " 

 (Annuaire de Vlnstitut de Droit International for 1889, p. 139). M. Kleen, on the 

 other hand, speaks of the outermost isle being included "sous la condition que 

 cette ile ou ce brisant ne soit pas situ^ plus loin de la cote qu'une lieu geograph- 

 ique" (Fifteenth Ann. Rep., Internat. Law Association, p. 20). The Norwegian law 

 refers to " the island or islet farthest from the mainland, and not covered by the 



