ABSTRACT

This is a classical exposition of the doctrine of the freedom of the high seas, but that doctrine was by no means as absolute as some might think, then as now. Indeed Lord Stowell went on to note, in a later part of the passage quoted above, that maritime States were allowed “by the com­ mon courtesy of nations for their convenience to consider those parts of the ocean adjoining their shores as part of their dominions for various domestic purposes and particularly for fiscal or defensive regulations more immediately affecting their safety and welfare11. The genesis of the modern limits and nature of the contiguous zone are seen in the British Hovering Acts 1736-1825 which asserted jurisdiction over quarantine and smuggling out to eight marine leagues (24 miles). During the Prohi­ bition era in the United States, jurisdiction over the carriage of alcoholic liquor was asserted to a 12 -mile limit, but after protests was reduced by agreement to a limit of one hour’s sailing distance.