ARTICLE 18. One becomes liable to punishment for engaging in contraband trade:

10. By entering with a national or foreign vessel of less tonnage than that permitted by the regulations and instructions, loaded with prohibited or foreign merchandise, into an unauthorized port of entry, or bay, creek, or gulf of the Spanish coasts, or by sailing along these places within a designated zone of two leagues, that is to say six miles, even when the cargo is consigned to a foreign port, except in case of forced entrance owing to stress of weather, persecution of enemies or pirates, or to damage which unfits the vessel for continuing its voyage.

1878, July 14.-—Provisional convention to restore reciprocity in the exercise of the right of fishing.1

1. The Spanish and Portuguese people shall exercise indiscriminately the right of fishing along the maritime coasts and in the boundary rivers of Spain and Portugal, subject to the existing police laws, regulations, and provisions concerning fishing, or to the practices established in regard there to in each locality, which are not contrary to any decision of the respective Governments.

Methods of fishing known as almadrabas, almadrabillas, and any others whatsoever which by their nature cannot be established without special authorization, are excepted from this reciprocity. The exploitation of oyster beds which exist or may exist along the coasts, in the ports and rivers of both countries are likewise excluded from reciprocity.

The arts of trawling, known as bou or parejas, chalat, or any other of equally pernicious effect, are subject in the seas of Portugal to the same restrictions as those imposed by the legislation of Spain and shall not be practiced at a distance of less than twelve miles from the coast. In the same manner will it be unlawful for Portuguese fishermen to trawl or make use of muletas in the seas of Spain at less than the expressed distance from the coast.

1885, October 2.-Convention with Portugal regulating the exercise of fishing rights on the coasts of the two countries and establishing territorial limit of six miles.2

Translation.

For Spanish text, see Marques de Olivart, Colección de los tratados. convenios y documentos internacionales, vol. 7, p. 387.

1893, March 27.-Treaty of commerce and navigation with Portugal.1

XIX. The coast and fishery police service in both countries will be subject to the provisions contained in the regulations (Appendix No. 6 to this treaty).

XX. Either of the two high contracting parties will be at liberty to levy on the merchant vessels of the other power and on the respective cargoes any dues, as they may seem expedient. for any harbor works or customs services. In no case, however, will the dues payable by the ships of either country in the ports of the other be higher than those paid by the national vessels.

APPENDIX No. 6.2

Regulations for the Police Service of the Coast and Fisheries. ARTICLE 1. The following provisions will regulate the police service of the coasts and fisheries in the jurisdictional waters of Portugal and Spain:

2. The limit within which the general right of fishery is exclusively reserved in favor of fishermen, subject to the respective jurisdictions of the two countries, is fixed at six miles, reckoned from outside the low-water line of the lowest tides.

As regards bays the aperture of which is not more than ten miles, the six miles may be reckoned from a straight line drawn from one point to the other.

The miles referred to are geographical miles, sixty to a degree of latitude.

3. Either of the two States will have the right to regulate the fisheries on its maritime coasts respectively within the distance of six miles from the same, within which limit native fishermen will alone be allowed to fish.

The two States agree that the use of "parejas," "muletas," or of other apparatus of a harmful effect shall be prohibited within the distance of tirelre miles, and either State will be at liberty to detain any offenders until the judicial record of the act shall have been drawn up: such offenders must, however, be delivered up within the term of eight days to the proper authority of the neighboring country, in order that they may be subjected to the penalties im-* posed by the laws and regulations of their own country.

1 British and Foreign State Papers, vol. 85, p. 420.

2 Ibid., p. 455.

SWEDEN1

1788, July 8.-Regulations concerning prizes.2

ARTICLE I, section 1. Battleships, corsairs, or merchantmen, trading vessels and other vessels of all sorts belonging to the enemy may be captured in their own roadsteads, in the open sea, and along other coasts, except within the distance of one marine league from any neutral land, or one-fifteenth of a degree from the nearest inhabited coast, whether it be an island or the mainland, still less from neutral strongholds or neutral harbors.

1801, March 13.-Treaty with Russia establishing cannon range as the extent of the neutral zone.3

1808, April 12.-Prize regulation establishing the marine league as the neutral zone.*

ARTICLE 1, section 1. All war and merchant vessels belonging to the enemy, whether owned by the Government or by private individuals, and of whatsoever kind, whether merchant ships or corsairs, should be captured wheresoever they are encountered, however not within the distance of one marine league or one-fifteenth of a degree from any neutral coast or the nearest inhabited coast of either an island or the mainland, much less from a neutral battery or port.

1871, May 5.—Decree adopting the limit of a mile to determine the coastal zone reserved for national fishermen.3

Fishery in the waters between the Kullen Light in Scania and the Norwegian-Swedish boundary shall be reserved for Swedish subjects within the limit of one geographical mile from the land or from the outermost islands along the Swedish coasts, which are not constantly submerged in the sea.

1877, November 2.-Customs statute, establishing the Swedish league as the customs zone."

ARTICLE 1 counts as territorial waters in all customs matters

a distance of one Swedish league (one and one-half geographical league) from the coasts or from its outermost rocks.

1 See also Sweden and Norway, post, p. 629.

2 Translation. For the German text, see Martens, Recueil de traités, 2d ed., vol. 4,

p. 394.

3 See ante, p. 620. Translation.

p. 865.

For the Swedish text, see Richard Kleen, Neutralitetens lagar, vol. 2,

Translation. For the Swedish text, see Arnold Ræstad, Kongens strømme, p. 358; Svensk Fiskeri tidsskrift, bilaga til hafsfiskekomiténs betänkande, p. 82.

Translation. For the French text, see Territorial Waters, extracted from the 15th annual report of the Association for the Reform and Codification of the Law of Nations (International Law Association), p. 18.

1899, July 14.-Treaty with Denmark defining the limits of the territorial sea for the exclusive fishery of the subjects of each country as one geographical league.1

1899, November 10.-Proclamation establishing a reserve zone of one league for national fishermen.2

ARTICLE 1. In the territorial waters of the kingdoms of Sweden and Denmark, the extent wherein fishery is reserved exclusively for the subjects of the respective countries shall be one geographical league (1/15 degree of latitude) from the coast or from the outlying islets and rocks which are not constantly submersed by the

sea.

1904, July 1.-Regulations establishing a customs zone of one league. CHAPTER 1, ARTICLE 1. The Swedish waters are supposed to extend one geographical league (4 minutes or 7,420 meters) from the coast of the outermost islets and rocks which are not continually submerged in the sea.

1916, July 19.-Royal decree, comprising additions to the Royal decree of December 20, 1912, with certain regulations with respect to the neutrality of Sweden during war between foreign Powers.* WE, Gustaf, etc.

Submarines belonging to foreign Powers and equipped for use in warfare may not navigate or lie in Swedish territorial waters within 3 nautical minutes (5,556 metres) from land or from extreme outlying skerries, which are not continuously washed over by the sea. under peril of being attacked by armed force without previous warning; exception is, however, made for the passage through Oresund between parallels of latitude drawn, in the north, through Viking Light (latitude north 56° 8' 7''), and in the south, through Klagshamn Light (latitude north 55° 31′ 2′′).

In the event of a submarine's being compelled through bad weather or shipwreck to enter the forbidden area, the above regulation is not applicable; always provided that the vessel, while within the mentioned area, shall remain above the surface and fly its national flag as well as the international signal indicating the cause of its presence. The vessel shall leave the area as soon as possible after the reason for its presence there has ceased to exist.

This decree shall come into force on the 28th July, 1916.

See ante, p. 516.

2 Translation.

GUSTAF

For the Swedish text, see Svensk Fiskeritidende, sde Årgang, p. 95. For the French text, see Rapport du février 1912 de la Commission de la frontière des eaux territoriales, I, Partie Générale, p. 44.

3 Translation.

Translation. British Parliamentary Papers, Miscellaneous, No. 8, 1917.

1885, July 29.—Treaty with Mexico establishing a distance of three marine leagues as boundaries for all territorial waters."

TURKEY

1740, April 7.-Treaty of peace with the King of the Two Sicilies.3

ARTICLE 16. We, on our part, will not permit the vessels of the Ottoman Empire to be pursued or molested within sight of the coasts of our States. Likewise, the vessels of the Ottoman Empire may not molest the vessels of our friends within sight of our coasts.

1893, April 10.—Notice by the Governor General of Crete, respecting the coast fishery.*

According to the dispositions of the general fishery law, fishing by steam and sailing boats with nets dragged on the bottom of the sea is to be exercised beyond three miles from the coast; moreover, such a mode of fishing is generally and strictly prohibited within a shorter distance from the seashore.

Whereas it is ascertained that fishing is carried on along the coasts of Crete in contravention of this law, the Governer General notifies that from the 15/27th April of the current financial year 1893 (1309) fishing by steamer and large and small sailing boats using drag-nets is strictly prohibited within three miles from the seashore; that the boats, tackle, and nets of the contraveners of this prohibition will be confiscated; and on a second contravention, to the same penalty will be added a fine of from fifty to one hundred liras in conformity with Article 29 of the above-mentioned law, and that the aforesaid prohibition and penalties will be applied without distinction to all native, Maltese, and Italian fishermen.

MAHMOUD, Governor General ad interim.

1911.-Turkish notification to the Powers that five miles should be considered as the extent of her territorial waters.5

See also Norway; Sweden. Ante, p. 607; post, p. 627.

2 See ante, p. 605.

Translation. For French text, see F. A. G. Wenck, Coder juris gentium recentissimi, Leipzig, 1788, vol. 1, p. 525.

Translation. British and Foreign State Papers, vol. 85, p. 1286.

See ante, pp. 415-16