Jurisdiction in Marginal Seas: With Special Reference to Smuggling

By William E. Masterson | Go to book overview

PART V
CONCLUSIONS

§ 77. Distinction Between General Jurisdiction in the Marginal Seas and a Wider Special Jurisdiction for Customs Purposes

(1) In Treaties, Diplomatic Correspondence, and Municipal Laws

In the discussions of the English and American law, diplomatic correspondence, and treaties, the distinction between the general jurisdiction of a state over a narrow strip of water near its coast and a wider special jurisdiction to protect its fiscal interests has been repeatedly pointed out. The so-called hovering laws have existed in the codes of most maritime states, including England and the United States, for many years, and they have been maintained as distinct from the so-called zone of sovereignty or territorial waters near the coast.1

____________________
1
For some very interesting dicta to this effect, see:
Regina v. Keyn ( 1876), L. R. 2 Exch. Div.63, opinions of Phillimore and Cockburn;
The Annapolis ( 1861), Lushington 410;
Le Louis ( 1817), 2 Dodson's Admiralty121;
Manchester v. Mass. ( 1891), 139 U. S. 240;
The Ship North v. The King ( 1906), 37 Sup. Ct. of Canada385.

See, also:

Balch, Proceedings of the Society of International Law, 1912, p. 132;
Borchard, ibid., p. 141;
Philip Marshall Brown, ibid., 1923, pp. 17 and 19. See, also, the memorandum prepared by the Royal Norwegian Committee of Nov. 7, 1924, on The Principal Facts Concerning Norwegian Territorial Waters, p. 51.

This distinction is made by the British and United States representatives in the discussions before the Arbitral Tribunal in the Behring Sea

-375-

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