asked the Minister for External Affairs if he will state the estimated increase in the area of our territorial waters which would result from applying the principles declared in the decision in the case of Great Britain versus Norway; and whether his statement in the debate on his Estimate that Great Britain and the United States would object to enlargement of the area of territorial waters had reference to enlargement in accordance with these principles.
Ceisteanna—Questions. Oral Answers. - Enlargement of Territorial Waters.
The principles enunciated by the International Court of Justice in the Anglo-Norwegian Fisheries case, to which the Deputy refers, relate to the measurement of the breadth of the territorial sea from straight base-lines drawn between outermost headlands, islands and rocks instead of from low-water mark on the coast. Any increase in the area of the territorial seas to be gained from the adoption of the straight base-lines method would depend on the nature of the coast and the points between which it was decided to draw straight base-lines.
The answer to the second part of the question is in the negative.
Can the Taoiseach say whether any map has been prepared showing that the net increase of our territorial area would be 5,000 miles?
The Deputy will appreciate that that all depends on the way the map is drawn. Maps have been prepared by the various Departments, as the Deputy is probably aware from the Question he put down some time ago, but the whole matter is so indeterminate at the moment that it is impossible to give any idea as to what area would be gained by adopting a particular method. There might be some gain here, some loss there. The International Law Commission met last July to consider questions of this character and other related matters dealing with the territorial seas and they have made recommendations to the United Nations. It is believed that those recommendations will be considered at the meeting of the General Assembly which is taking place at present. It would be quite impossible, and certainly not desirable, that we should take any advance decision on these very complex matters until we see what will be the result of the recommendations. The recommendations, among others, suggest that the various nations concerned should meet together and form an international Convention dealing with all the matters related to these very difficult questions of territorial seas.
Do I gather then that the decision to drop the proceedings already initiated are due to this new development in the United Nations and not due to any anticipated objection on the part of Great Britain and the United States?
I do not know to what proceedings the Deputy is referring. Proposals were considered in connection with a Bill. It would be quite inappropriate to deal with that Bill until we know what may or may not be agreed upon by the various nations interested in maritime matters. So far as the decision of the International Court is concerned, controversy arose on the length of the territorial area which the various nations claimed; some claimed three miles, some 12 and some very much more. It is on that matter that the real controversy arises.
Can the Taoiseach say definitely in relation to one matter, namely the substitution of straight lines for curves, that such a new method of delineating our territorial limits would in fact increase the area of our territorial waters?
I think it is probable but one cannot say for certain. That is as far as I can go at the present moment in relation to matters dealing with extra-territorial jurisdiction. The matter is extremely complex and it is difficult to deal with one matter in isolation.