It 



I. I 



IK) 



o 



the <li!»ttincr cif three miles I'roni liiw-wiitcr iiiavk, Ihicmim' mir'Ii a frontier or i'eli Cil' wiitcr is iieeessiir}' 

 for tile ilefeiiee aiul «eeurity of the luljaceiit StiiU'. 



'• It is tortile altaiiiineut of these iiarticulnr olijeets that a ilniuinioii lias Iieeii !,'r,iiii''l ii\i'i iliix 

 portion of the hij^h seaa." 



o 



Lindiey, J., expressed himself as follows: — 



^ "The e.ontroWDrsy lielwccn Cirotiiis, in his 'Mare I,il)eniin,' and iSelden, in his ' Mare Olnnsnni. 



fjli iK licen oliserveil njiou by iilniosl e\eiy wfiter on international law since their day, and the result ha.> 

 Ix'eii that, whilst the oxtmvajjnnt propositions eonleiuied for liy eaehof these eelehmted men have Iweii 

 long ai,'o exiilciiled. it appears to nic to he now ie^ifoil, liy the. most esteemed \vritei> on inteination!. I 

 law, that, siiliject to the rij,'lit of all ships iViily to navii,'ale the hij,'li seivs, evurv Slate has full power 

 to eiiail and eiituive what laws it. tliiiik>; jiiopi r, lor the )iieservation of peaee and the ])r(it'fliiiii of its 

 own interests, o\\ those parts of tlie hiLh seas whieh adjoin its own coast.s and are. within tliive mile.'- 

 thereof; bnt that Deyoiul tliis limit, or, ai all events, beyond the i-eaeli of artillery on iUs own roasts, no 

 SUito has any jiower to legislate, save nver siibjeets and nver iieisons on board ships earryiie^ its 

 flag. 



"It is eonccded thai, even in time of )>eaee. the lerritorialily of a foreign nun liaiil .'•hiip, within 

 three miles of the coiust of any Stale, does not e\eiiipl thai ship or ha erew from tin- operation of tho.'ie 

 laws of that SlJitu whieh relate to its leveime or tisherios." 



Grove, J. : — 



C " Tlic proposition, thai :i belt or zone of three miles of sea siiiToundiuy or washing the shores of a 

 nation — wlial is ternii^d ' territorial water -is the |)iopeity of that nation, a.s a river llowing ihrongh 

 its laud W(Mild be, oi, it imt pro]ieil\, is sulijeet to lis jiirisdietiou and law, is not in its lenns ofaneieiil 

 dale; but this deliiud limit, ,sh Wu at h'a-.t as a maritime eountry like England is eoneiiiied, is ratiier 

 a restrietion than au enlargement of its earlier claims, which were at one time songlil t.. l.e e.xtended 

 to a general dominion on tlie sea, and subs«(|iieiilly over tlie elmnnels between il and oiln i naintries, 

 or, as iliey were termed, ' the narrow sei.s.' Tlie origin of the three mile zone ajipcai-s nndonbted. li, 

 was an itssnmed limit to the rang'' of caiitiiiii — an assiiiiied di,stance at whieh a nation was .suppo.sed 

 able 10 exereise dominion from the shore. 



"The principal anthorities may be eiaiveiiiinlly arranged as follows: — 



"1. Those who afhrm the right, in wiial are generally termed 'territorial waiers,' hi ixteiid 

 at least to the distance at which it can be eommandeil fiom the shore, or as far an aim-, can 

 protect it. 



"'2. Those who, assigning the .sime oiigin \'< the right, recogiii/;ed it us Immmu fixed al a marine 

 league, or three geograiijiical mile-- from the shon' 



" M. Those who athrm the right to bc> absolnti 

 the dilfiWiiee of the subjeit-matter as o\c|- the i 



"4. TIkmc who regard tlie right as (|iialitii d 

 to me fairly dediicible from the authorities is, 

 incident thereto, possilily a right of anclinrage w 

 the territorial waters, lor foreign sliiji-. 



" I'uflendorf, Hynkershoek, Ca.saregi^, Mo/er, Ax.uiii, KlulH.'r. Wliealon, Hanteleuille, ami Kallen- 

 Ivirn. llioiigli not all placing llie limit of lerritoiial jurisdiction at the same distance fnnu the shore, 

 none of them tix it at a smaller 4islaiicc than a cauiion-shot, er as far otf as anus can commaml it. 

 They also give no cpialification to the juri,sdictiiin, but .seem to reganl it as if (having; regard to the 

 dilVeieiice of land and water) it were an absolute territorial po.ssession. t'haneellor Ki ut seems also to 

 reei'giiize all exclusive dcmiuioli, llautcl'euille speaks of the jinwer of a nation to exclude oIIuth 

 from the jiart.s of the sea which wash its terriloiv, and to ]iuiiisli them for infmclinu of its laws, and 

 tljia as if it were ilealing with its lain! ilomiuion 



'■ W'heati n.Calvii, llalleck, Ma>.-ie\ , jii.^iupp, iiiid .Manning give ill.' limit as a luaiiiie !caL;ue, or three 

 miles. Ilellter nieuliiMis this limit, but ,-ay- it may be extended, Ortniaii, Cahn, an. I .\Ias.<e put llie 

 right a-. lUie of jurisdiction, and not nf properly ; lnu cjci not limit il furtlier llian ilial llie former 

 writer s,iy^ that the laws of police ainl >uiety me iheic obligatory, and Massi aixi writes of police 

 jurisdiction, lilunlscldi says the teirilHrjaJ waiers an' suliject to the military and police antlKuities of 

 the plaie. Taustin Ilelie speaks of iiiiues in ihese waters coming within lln' jinisdiclion of the 

 tribunals of the land to which they lieloii;.' I'lilcss the,<e words, 'military, poli.c, and siiiety,' In 

 lakcn to iiupo,sc a limit, no limit to tlie iuii.--diction of a country over its terrilmi.d watei>. beyond a 

 right of piussage for foreign ships, is meiitinned as far as I could gather from tln' laina'ions authorities 

 cited; e.xcei't by Mr. Manning, who eoiiliucs it ^tlaaiijii not by words exph-i.-ly negativing otlier 

 rights) to lisheries, customs, harbiuirs, lighthouses, dues, and protection ol territory during va''. 

 Grotius. ( Irtoian, itluntschli, Schmaltz, and Masse consider there is n right of pea<ealile passagi' for the 

 ships of oilier natituis ; and Vattel says tlial il is tlie duty of nations to permit this, but .seems to 

 tliink that, as a matter of absolute riglit. liicy may prohibit it. 



"Sucii are the conclusions of the piiiici|ial publicists, most of whom are of very high authoiity 

 on ipicstions of internali(.iiial law. 



" The result of them is to show thai as in liic case of many other rights, a icrrileial jiirisdiclioii 

 over a neighbouring belt of sea had its migin in might, it- limits iKiing at lirst doubtful anil contested ; 

 but ultiniat«'ly, by a ciuicession or comiiy of nations, it liecanie lixed at what wa-. lor a lung lime tbi. 

 sii^jposcd ranye of * unauou-.shut, vii;,, three iuile!>' diblauce. 



and iht^ same as overall inland lake,") .allowing Ici 

 land iUelf 

 : and the main 

 that there is a 

 nil .-alety or convenience of navigation recpiircs it 



if imt only qiialilicalinii thai s<'iiii.~ 



righl nf transit or inis.-age, and, as 



'ill 





