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The Marginal Seabed: United Kingdom Legal Practice

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ISBN13: 9780198253693
ISBN: 0198253699
Published: May 1981
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



Out Of Print
This work is a revised version of a doctoral thesis submitted in 1973 to the University of London. Its primary purpose is to set out, in a relatively condensed form, the practice of the legislature, executive, and judiciary concerning the bed and subsoil of the sea (together referred to as the solum) adjacent to the dry land of the United Kingdom and to its inland waters. Its secondary purpose is to provide a brief analysis of the legal status of such solum in the light of the material above.

The study has been compiled in large measure from official papers available to public scrutiny under the ‘Thirty-Year Rule’ in the Public Records Act 1967. There is the probability that some relevant papers have not been released to the public archives for one reason or another. There is the certainty that there are more papers of relevance in the public archives which the author has failed to discover.

Two areas of practice are omitted from the scope of this study. First, the work does not cover practice pursuant to the Continental Shelf Act 1964. Secondly, it does not cover practice in former or present British territories, outside the United Kingdom. The author is well aware of the legal problems which have arisen in the United States, Canada, and Australia over the marginal sea and solum. It is hoped that the contents of this work will not be irrelevant to persons interested in those problems.

Finally, although the study purports to cover the whole United Kingdom, the author is conscious of his English origin, and apologizes in advance to those in Scotland and Northern Ireland who may find the material on their jurisdictions deficient.

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Subjects:
Public International Law
Contents:
Preface
Acknowledgements
Abbreviations and Notes
Part One Description
I HISTORICAL DEVELOPMENT UP TO THE CROWN LANDS ACT 1829
A. The pre-Stuart Period
B. The Stuart Period
C. The post-Stuart Period
II EXECUTIVE AND LEGISLATIVE PRACTICE 1829-1876
A. Introduction
B. The Seabed
C. The Subsoil
III JUDICIAL PRACTICE 1829-1876
A. English Judicial Decisions
B. Scottish Judicial Decisions
C. Irish Judicial Decisions
IV THE CORNWALL SUBMARINE MINES
A. Practice up to 1856
B. Arbitration before Sir John Patteson 1856-1858
C. The Patteson Award
D. The Cornwall Submarine Mines Act 1858
E. Arbitration before Sir John Coleridge 1866-1869
F. The Coleridge Award
G. The Reaction to the Coleridge Award
V THE QUEEN v. FERDINAND KEYN: THE FRANCONIA CASE
A. Introduction
B. Court for Crown Cases Reserved—First Hearing
C. Court for Crown Cases Reserved—Second Hearing
D. Summary of the Arguments
E. The Judgments
VI THE REACTION TO R. v. KEYN
A. The Events of 1877
B. The Events of 1878
C. The Events of 1880-1881
D. Conclusion
VII THE CHANNELTUNNEL SCHEME 1874-1883
A. The Negotiations
B. The Excavations
C. The Litigation
VIII EXECUTIVE AND LEGISLATIVE DOMESTIC PRACTICE AFTER 1876
A. The Seabed
B. The Subsoil
C. Conclusion
IX JUDICIAL PRACTICE AFTER 1876
A. English Judicial Decisions
B. ScottishJudicial Decisions
C. Opinions of the judicial Committee of the Privy Council
X EXECUTIVE EXTERNAL PRACTICE AFTER 1876
A. The Fisheries Arbitrations
B. Law Officers’ Opinions to the Colonial Office
C. The Views of Sir Cecil Hurst
D. The Gulf of Paria
E. Practice within International Organizations;
Part Two Analysis
THE DELIMITATION OF THE MARGINAL SOLUM
A. The Shoreward Limit
B. The Seaward Limit
C. The Downward Limit
THE HISTORICAL AND JURIDICAL BASES OF THE CROWN’S CLAIM TO THE MARGINAL SOLUM
A. The Historical Basis
B. The Juridical Basis
THE LEGAL STATUS OF THE MARGINAL SOLUM
A. On the Basis of the Traditional Claim
B. On the Basis of the Territorial Sea Doctrine
C. The Application of Statutes
D. Conclusion
Select Bibliography
Table of Statutes, SI's, etc.
Table of Cases
Index