THE OPEN SEA, TERRITORIAL WATERS, BAYS, GULFS AND ESTUARIES.
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Introduction-Rights of littoral states over bays, gulfs, estuaries, territorial waters and.
the main ocean-Respective provinces of municipal and international law as regand
rights over waters-Under Roman law, sea common to all-In ancient ti... aliar
open to universal depredation-In, later ages exclusive sovereignty over several
portions of the high seas claimed by different states-Reason assigned by Grotius
for the doctrine of freedom of the seas-By Puffendorf-By Bynkershoek-By Vattel
-Main ocean common to all nations for navigation and fishery-Exclusive rights of
navigation and fishery acquirable by treaty-Doctrine of exterritoriality of ships-
Distinction between the immunities of private and public vessels in ports and ter-
ritorial waters of foreign states-Bed of the sea common to all-Portions of bed of
the sea prescriptible-I. tent of 'territorial water'-Reasons for appropriation
of adjoining seas- -Bynkershoek first to suggest range of cannon-shot from shore as
lin it-Three miles from shore, the limit of 'territorial water', according to modern
international law-Ambiguity of the expression 'territorial water'-II. Sovereignty
and dominion of a littoral state over its territorial water-Summary of the purposes
for which such sovereignty and dominion may be exercised-Sovereignty and domi-
nion of England over the narrow seas-Selden's opinion-Lord Hale's doctrine-(a)
Nature of sovereignty over territorial water-Jurisdiction over foreign ships in such
water now regulated by various treaties between England and other states-Nature
of those treaties-17 & 18 Vict. c. 104-Rolet v The Queen-The Leda-General
Iron Screw Colliery Co. v. Schurmanns-Jurisdiction of British Courts over foreigners
in foreign ships in the territorial water of Great Britain-Discussion of cognate topics
by Courts in India—Reg. v. Irvine—Reg. v. Elmstone—Reg. v. Kastya Rama, 37 & 38
Vict. c. 27, Courts' (Colonial) Jurisdiction Act-Effect of that statute on some of the
Indian cases-The Franconia' case-41 & 42 Vict. c. 73, Territorial Waters
Jurisdiction Act-Jurisdiction over offences committed by one foreigner upon another
on board foreign ships passing through territorial water-(6) Nature of dominion
over territorial water-Open to peaceful nagivation by all nations, but adjoining
littoral state exclusive owner of fishery-Reasons generally adduced for asserting
ownership over the bed of territorial water-Reasons assigned by Lord Hale-Dicta
in Blundell v. Catterall, King v. Lord Yarborough, and Benest v. Pipon influenced by
the old doctrine of the narrow seas-Gammell v. Commissioners of Woods and Forests
-Whitstable Free Fishers v. Gann-Award of Sir John Patteson and the Cornwall
Submarine Mines Act (21 & 22 Vict. c. 109) as to ownership of mines beyond low-
water mark of Duchy of Cornwall-Law in India as to ownership of bed of territorial
water-Observations in Reg. v. Kastya Rama-Babun Mayacha v. Nagu Shravucha—