NEUTRAL WATERS

Wanganui Chronicle, Volume 83, Issue 244, 16 October 1939, Page 3

NEUTRAL WATERS

WHAT IS THE LIMIT? RIGHTS OF BELLIGERENTS THE LEGAL POSITION l‘ [ British Official Wireless.] |I RUGBY, Oct. .13. 11' Interest has been aroused in naval l-T circles in London by unofficial re- l > ports received of important decisions 3 reached at the Panama Conference of 3 the Republics of America to the effect r that a neutral or safety zone of vari-ously-stated depths from the coast is to be established. It is understood that the zone is in 11 no way intended as an extension of a territorial waters but that belligerents are to be invited to accept the limitation of their operations which r would be involved in the scheme. This 11 way of proceeding, it is agreed among r experts here, is clearly the wisest, * since, while belligerents, and particularly the Allies, may be anxious to assist all neutral countries in keeping the war from the proximity of their coasts, it must be for them to c decide whether or not to accept re- 11 strictions which would limit their en.joymen t of certain well-established rights. On the other hand, neutral Stales are entitled and bound to demand that belligerents shall abstain from hostilities in their territorial waters and it is not a hostile act if a neutral repels, even by force, an attack upon his neutrality. During the Great War, I4prway, Sweden, Spain, and Holland forbade belligerents’ submarines to enter their territorial waters, except in the case ni of distress. Authorities on naval his- OC lory point, out that in olden times co many extravagant claims were put cr forward by various nations as to the m limit of their territorial waters but since those days such claims have Ft been drastically modified, and it is fr now generally recognised that no tit country can properly claim jurisdic- th lion over large areas of ocean nor the right to control or exclude the movements of foreign ships on the high th seas. This applies equally to the p t operations of belligerents, though a belligerent can, of course, restrict his pq operations of his own free will, if he Bi so wishes. Since the Great War the [ a importance of the limit of territorial in waters has been brought, to the notice a j of the public in several ways, among others by reason of the National Prohibition Act of America. Resulting c 0 from discussion with Great Britain, agreement was reached in Washing- m ton in 1924. whereby the United States jp was given the right, to board and ex’- th amine any British vessel suspected of j n being engaged in liquor smuggling al a distance from the coast that could be traversed by that vessel in one n

hour. By the same agreement, Britain and America declared their firm | intention to uphold the principle that three marine miles, extending from the coastline outwards and measured by low-water mark, should constitute the proper limits of territorial waters. Similar agreements were subsequently entered into by America with Germany and Sweden, Certain bays, straits, and canals have from lime to time been the subject of special international agreement, so that when questions of the jurisdiction and sovereignty arise, careful reference must be made to any agreements applicable to the particular case. The width of the general belt, of territorial waters is now widely accepted as being three miles.