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Commission of the European Communities v. United Kingdom
Published online by Cambridge University Press: 01 January 2021
Abstract
Sea — Territorial sea — Fisheries — Baselines — Low-tide elevations within territorial waters — Use as base points — European Economic Community fisheries policy — Council Regulation EEC 170/83 — Rights of fishermen from other Member States in waters off the United Kingdom — Belt of water between six and twelve miles from United Kingdom baselines — Regulation adopted at time United Kingdom claimed three mile territorial sea — Territorial Sea Act 1987 — Extension of United Kingdom territorial waters to twelve miles — Certain low-tide elevations brought within territorial waters — Use as base points — New baselines further out to sea — Whether new baselines applicable to fishery zones under Regulations 170/83 — Whether new baselines compatible with international law — Whether required by international law — Whether opposable to other Member States for purposes of Regulation 170/83
Treaties — Effect — EEC Treaty, 1957 — EEC Treaty creating new legal order — Relationship between Community law and international law — Fisheries — Regulation providing for rights of fishermen from one Member State off the coast of another — Regulation referring to waters between six and twelve miles from baselines — Whether reference to baselines as determined by coastal State from time to time in accordance with international law — Whether reference to baselines as they existed at date of adoption of Regulation — The law of the European Economic Community
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- © Cambridge University Press 1995