The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters, with Special Reference to the Rights of Fishing and the Naval Salute

Thomas Wemyss Fulton

Jul 2010 · The Lawbook Exchange, Ltd.

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An Historical Account of Maritime Domination and Freedom Fulton is interested in two related themes: claims made to the sovereignty of the British Seas in the past and the evolution of its territorial waters in recent times. Though concerned primarily with fishing rights and the naval salute, Fulton addresses broader issues related to the freedom of commerce. The book falls into two sections. The first consists of an historic account of pretensions to the dominion of the sea, with an emphasis on the English and Dutch. The second looks at their influence on the legal treatment of territorial waters, especially in relation to the Law of Nations and fishing rights. With an extensive appendix of source readings. "In 1911, a lecturer on fishery problems at the University of Aberdeen, Thomas Wemyss Fulton, gave us probably the best history of the law of the sea that has ever been written." --D. H. N. Johnson, 11 Int'l & Comp. L.Q. 416 (1962) "Indispensible on the Dutch fishing controversy." --Helen Dwight Reid International Servitudes 228, (1932) Thomas Wemyss Fulton [1855-1929] was a lecturer at the University of Aberdeen. CONTENTS Introduction SECTION I. The History of the Claims to the Sovereignty of the Sea Ch. I. Early History Ch. II. The Fisheries Ch. III. Under the Tudors Ch. IV. Under the Stuarts. James I. A New Policy Ch. V. James I., cont. Disputes with the Dutch Ch. VI. Charles I. Fisheries and Reserved Waters Ch. VII. Charles I., cont. The Navy Ch. VIII. Charles I., cont. The Navy Ch. IX. Charles I., cont. The Juridical Controversies Ch. X. The Parliament, the Commonwealth, and the Protectorate. The First Dutch War Ch. XI. The Parliament, the Commonwealth, and the Protectorate, cont. Ch. XII. The Second Dutch War Ch. XIII. Charles II., cont. The Third Dutch War Ch. XIV. James II. and After SECTION II. The Territorial Waters Ch. I. The Historical Evolution of the Territorial Sea Ch. II. General Adoption of the Three-Mile Limit Ch. III. The Fishery Conventions Ch. IV. The Modern Practice of States and the Opinions of Recent Publicists Ch. V. The Inadequacy of the Three-Mile Limit for Fishery Regulations APPENDIX INDEX