Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-22T21:32:01.599Z Has data issue: false hasContentIssue false

Rego Sanles v. Ministère Public

France.  26 March 1979 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International law in general — Nature and binding force — Establishment of new rule of customary international law — Generalized State practice — New trends accepted by United Nations Conference on the Law of the Sea — Whether customary rule abrogates rule contained in Geneva Convention on the High Seas, 1958 — The law of France

International law in general — Sources — Customary international law — Establishment of new rule — Generalized State practice — New trends accepted by United Nations Conference on the Law of the Sea — Whether new customary rule abrogates rule contained in Geneva Convention on the High Seas, 1958 — The law of France

State territory — Parts of — Territorial water — Coasting trade and fisheries — Establishment of 200-mile “economic zones” beyond coastline — Exclusion of foreign nationals from fishing within such zones beyond 12-mile limit — London Convention, 1964 — France Spain General Fisheries Agreement, 1967 — Mutual fishing rights in “reserved zone” between 6 and 12 miles off coast of contracting partie — Whether economic zones to be regarded as extension of reserved zone under Convention — The law of France

Jurisdiction — In general — Territorial — Fisheries — Establishment of 200-mile “economic zones” beyond coastline — Exclusion of foreign nationals from fishing within such zones beyond 12-mile limit — EEC fisheries licensing system — Community Regulations enacted within framework of Treaty of Rome — Whether binding on third States and their national — Effect of acquiescence — The law of France

Treaties — Conclusion and operation — Effect of treaties on third parties — EEC Regulations enacted within framework of Treaty of Rome — Licensing system for fisheries — Whether binding on third States and their nationals — Effect of acquiescence — The law of France

Treaties — Interpretation of — Principles and rules of interpretation — Clear text — Presumed intention of the parties — Whether interpretation of treaties a matter for municipal courts — The law of France

State territory — Parts of — Territorial waters — Breadth and delimitation of the maritime belt — Establishment of 200-mile "economic zones" beyond coastline — Generalized State practice — Whether reflecting new rule of customary international law — New trends accepted by United Nations Conference on the Law of the Sea — Whether new customary rule abrogates rule contained in Geneva Convention on the High Seas, 1958 — Exclusion of foreign nationals from fishing within economic zones beyond 12-mile limit — London Fisheries Convention, 1964 — France-Spain General Fisheries Agreement, 1967 — Mutual fishing rights in "reserved zone" between 6 and 12 miles off coasts of contracting parties — Whether economic zones to be regarded as extension of reserved zone under Convention — Interpretation of treaties — Clear text — Presumed intention of the parties — Whether interpretation a matter for municipal courts — Jurisdiction over fisheries — EEC licensing system — Community Regulations enacted within framework of Treaty of Rome — Whether binding on third States and their nationals — Effect of acquiescence — The law of France

Type
Case Report
Copyright
© Cambridge University Press 1987

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)