TERRITORIAL SEA


                          Editorial Note

  The document that follows contains information relevant to the
position of the United States on the delimitation of inland waters
and the marginal sea. It is appropriate to print it here, although it
carries the date of November 13, 1951, for it is based on precedents
extending no farther than 1930, and it sets forth ample and relevant
information on positions taken by various governments on this ques-
tion at the Conference for the Codification of International Law held
at The Hague in 1930.

711.022/3-452
     The A cting Secretary of State to the Attorney General of the
                      United States (McGrath)
                                 [WrASHINGTONj,] November 13, 1951.
  My DEAR MR. ATTORNEY GENERAL: Reference is made to your
letter dated October 30, 19511 requesting a statement from the De-
partment of State in regard to the position of the United States as
to the principles or criteria which govern the delimitation of the terri-
torial waters of the United States. You ask in particular how such
delimitation is made in the case of:
   (a) A relatively straight coast, with no special geographic features,
such as indentations or bays;
   (b) A coast with small indentations not equivalent to bays;
   (c) Deep indentations such as bays, gulfs, or estuaries;
   (d) Mouths of rivers which do not form an estuary;
   (e) Islands, rocks or groups of islands lying off the coast;
   (f) Straits, particularly those situated between the mainland and
offshore islands.
  In the formulation of United States policy with respect to terri-

torial waters and in the determination of the principles applicable
to any problem connected therewith, such as the problem of delimit-
ing territorial waters, the Department of State has been and is guided
by generally accepted principles of international:law and by the prac-
tice of other states in the matter.
  (a) In the case of a relatively straight coast, with no special geo-
graphic features such as identations or bays, the Department of State
has traditionally taken the position that territorial waters should be
measured from the low water mark along the coast. This position
was asserted as early as 1886 (The Secretary of iState, Mr. Bayard,
to Mr. Manning, Secretary of the Treasury, May 28, 1886, I Moore,
Digest of International Law, 720). It was maintained in treaties con-
  1 Not printed.
     496-362-77   57


885