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31 Brit. Y.B. Int'l L. 371 (1954)
Law and Procedure of the International Court of Justice, 1951-54: Points of Substantive Law - I

handle is hein.journals/byrint31 and id is 377 raw text is: THE LAW AND PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE, 1951-54: POINTS OF SUBSTANTIVE LAW.-II By SIR GERALD FITZMAURICE, K.C.M.G. Legal Adviser to the Foreign Office MARITIME LAW (TERRITORIAL WATERS.2 INTERNAL WATERS. THE NORWEGIAN FISHERIES CASE3) IN the present article an attempt is made to state, and to estimate the effects, direct and indirect, on substantive maritime law-particularly the law of territorial waters, and of internal or national waters-of the decision of the International Court of Justice in the Anglo-Norwegian Fisheries case. The wider and more philosophical aspects of that decision, in so far as they transcend maritime law as such, and have an application in the general legal field, were considered in an earlier article.4 Except indirectly, how- ever-and then only in part-that article did not attempt to state in any systematic form the findings of the Court on the particular points of maritime law involved. These fall into two main sections: the general law of the territorial sea, and the extent and delimitation of that sea. § I. THE GENERAL LAW OF THE TERRITORIAL SEA The law of the territorial sea is essentially a compromise between the necessities and interests of the coastal State in the waters off or near its shores, and the general concern of all States with the freedom of the seas- freedom of navigation, of communication and passage, of reasonable exploitation of the living and other resources, and of use for experiment I Reference is made to the Preface of the author's corresponding article in this Year Book, 30 (I953), for an introduction to the present cycle of studies of the jurisprudence of the Inter- national Court of Justice, 195 1-54, of which this year's article is the second. (The previous cycle, covering the period 1946-5,, appeared in this Year Book, 27-29 (950-52). Last year's article dealt with 'General Principles and Sources of Law', as found in the decisions and opinions given in 1951-54. It has not proved possible this year to cover, in a single article, all the points of substantive law relating to particular topics that arose in those decisions and opinions. The article is therefore confined to the points of maritime law, the remainder being held over for next year. As in the first cycle, subsequent articles will cover treaty interpretation and treaties generally, international organizations, and the Court's competence and procedure. 2 In point of fact, the term that will chiefly be used herein is the 'territorial sea'. This has been adopted by the International Law Commission of the United Nations, and has the advantage of embodying the idea that territorial waters, though under the sovereignty and jurisdiction of the coastal State, are nevertheless part of the sea, and consequently retain a maritime character, even though they are 'territorial'. They never completely fall under the land domain, and the coastal State's jurisdiction in regard to them is subject to various limitations and obligations not applicable in the case of its land jurisdiction. I For the points of maritime law that arose in the Corfu case, see this Year Book, 27 (1950), pp. 27-3 1. 4 See this Year Book, 30 (1953), pp. 8-54.

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