[352] 9 Edw. VII. c. 8.
[353] See Oppenheim in Z.V. V. (1911), pp. 74-95.
Navigation and Fishery in Territorial Gulfs and Bays.
§ 193. As regards navigation and fishery within territorial gulfs and bays, the same rules of the Law of Nations are valid as in the case of navigation and fishery within the territorial maritime belt. The right of fishery may, therefore, exclusively be reserved for subjects of the littoral State.[354] And navigation, cabotage excepted, must be open to merchantmen of all nations, but foreign men-of-war need not be admitted.
[354] The Hague Convention concerning police and fishery in the North Sea, concluded on May 6, 1882, between Great Britain, Belgium, Denmark, France, Germany, and Holland reserves by its article 2 the fishery for subjects of the littoral States of such bays as have an entrance from the sea not wider than ten miles, but reserves likewise a maritime belt of three miles to be measured from the line where the entrance is ten miles wide. Practically the fishery is therefore reserved for subjects of the littoral State within bays with an entrance thirteen miles wide. See Martens, N.R.G. 2nd Ser. IX. (1884), p. 556.
VIII STRAITS
Vattel, I. § 292—Hall, § 41—Westlake, I. pp. 193-197—Lawrence, §§ 87-89—Phillimore, I. §§ 180-196—Twiss, I. §§ 183, 184, 189—Halleck, I. pp. 165-170—Taylor, §§ 229-231—Walker, § 17—Wharton, §§ 27-29—Wheaton, §§ 181-190—Moore, I. §§ 133-134—Bluntschli, § 303—Hartmann, § 65—Heffter, § 76—Stoerk in Holtzendorff, II. pp. 419-428—Gareis, § 21—Liszt, §§ 9 and 26—Ullmann, § 88—Bonfils, Nos. 506-511—Despagnet, Nos. 415-417—Pradier-Fodéré, II. Nos. 650-656—Nys, I. pp. 451-474—Rivier, I. pp. 157-159—Calvo, I. §§ 368-372—Fiore, II. Nos. 745-754, and Code, Nos. 280-281—Martens, I. § 101—Holland, Studies, p. 277.
What Straits are Territorial.
§ 194. All straits which are so narrow as to be under the command of coast batteries erected either on one or both sides of the straits, are territorial. Therefore, straits of this kind which divide the land of one and the same State belong to the territory of such State. Thus the Solent, which divides the Isle of Wight from England, is British, the Dardanelles and the Bosphorus are Turkish, and both the Kara and the Yugor Straits, which connect the Kara Sea with the Barents Sea, are Russian. On the other hand, if such narrow strait divides the land of two different States, it belongs to the territory of both, the boundary line running, failing a special treaty making another arrangement, through the mid-channel.[355] Thus the Lymoon Pass, the narrow strait which separates the British island of Hong Kong from the continent, was half British and half Chinese as long as the land opposite Hong Kong was Chinese territory.