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EXISTING PRACTICES
Fishery jurisdiction
Facts: The commander of a foreign ship, the Franconia, was indicted for
manslaughter before the Central Criminal Court arising from the loss of life on
a British ship which was run down and sunk by the Franconia within 3 miles
of the Port of Dover. He was a German national and his ship was on a voyage
to a foreign country and merely passing through English territorial waters at
the time of the collision.
Issues: a) whether the act had occurred within the body of the country of
England?
Territorial
breadth
Criteria of
Sovereignty
Baselines
over the
TW at Straits, hot
pursuit from TW
to High Seas, TW
territorial
around an island
Rights and
water
Duties
THE ANGLO-NORWEGIAN FISHERIES CASE
Held: the general rule was that the baseline must bear some
relationship to the coast, it must follow the ´general direction of the
coast.µ
Conclusion: baselines must be determined in reference to the geographical
factors, and the consideration is not solely on geographical factors, but
certain economic interest peculiar to a region.
2. UNCLOS I
The constitution for the oceans and the basis for the jurisdiction
that a country may exercise at sea in its various role as a coastal ,
Port or a flag State;
It sets out the right and duties of a state with regard to the various
uses of the oceans and prescribes the regime of maritime zones that
establishes the nature of State sovereignty and sovereign rights
over the ocean space and resources;