TERRITORIAL SEA8


  The concept of the marginal sea is a limitation upon the principle
of the Freedom of the Seas in that the marginal sea has become,
through the gradual process of usage and treaties, a ,part of the
sovereign territory of the contiguous State. This concept has
been accepted by the United States since the birth of the Republic
as a tenet of international law applying to this Government. Although
there is no ,agreement among nations with respect to the extent of this
marginal sea the United States has never devilated in the past 158
years from the concept ,that the band of marginal sea is three miles
wide. This latter concept has been generally acceptable to maritime
nations throughout our history land is accepted today by those
nations conducting approximately 75 percent of the world's sea-borne
commerce.
  The principle of the Freedom of the Seas has been further limited
on frequent occasions during its history by numerous treaties between
or among nations having as their purpose the relief of particular
points of friction between or among those particular nations which
the uniform application of this principle would have aggravated.
Some such agreements have been temporary; others have been perma-
nent concessions (see Treaty of 1818 between the United States and
Great Britain).' Whatever their terms these treaties of limitation
have uniformly been restricted solely to the commerce of the signatory
nations and never have been permitted by non-signatory nations to
have application, either general or specific, upon the commerce of such
non-signatory nations.
   At this present juncture of history this principle of the Freedom
of the Seas and its companion limiting concept of the narrow mar-
ginal sea have not decreased in their vital importance to the United
States. On the contrary these concepts are of greater moment now to
the United States than they have been formerly by reason of the fact
that the United iStates has become the major naval power of the world
and has had thrust upon it a major portion of the responsibility for
maintaining these as well as other concepts of international law.
  At no time in recent history 'have these subject concepts been under
  such wide spread attack. They are being attacked both by legal and
  extra legal processes in international forums and at sea. They are
being attacked internationally by numerous countries in North
America, South America, Asia, and Europe as well as such island
nations as Iceland and the Philippines. They are being attacked by
important political elements domestically both on our West Coast
and Gulf Coast.

  Signed at London, October 20, 1818; 8 Stat. 24 or Treaty Series No. 112
or
  Hunter Miller (ed,),_Treaties and Other International Acts of the United
States
  of America, vol. n, p. 658. The specific reference here is to Article I
of the treaty.


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