A Treatise On International Public Law

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A Treatise On International Public Law
Hannis Taylor
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And when in support of this position, o^ of the theory of the three-mile zone in general, the statements of the writers on international law are relied on, the question may be asked, upon what authority are these statements founded? When and in what manner have the nations, who are to be affected by such a rule as these writers, following one another, have laid down, signify their assent to it? To say nothing of the difficulty which might be found in saying to which of these conflicting opinion...s such assent had been given." The Court by a majority of one only, including the Chief Justice, held that the assent of a nation to such a rule of international law, as the one in question, must be manifested by some formal act performed by it in its sovereign capacity — such, for instance, in the case of Great Britain, as an act of parliament or the judgment of a compe- tent tribunal. The result was that the conviction was quashed, upon the ground that the court which tried the pris- oner had no jurisdiction; and two years thereafter parliament enacted the 'Territorial Waters Jurisdiction Act'*' by which the jurisdiction of the English courts that had succeeded to the jurisdiction of the Admiral of England was declared to extend, according to the international rule prevailing every- where else, over the three-mile zone.

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