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Re Martinez and Others.

Italy.  25 November 1959 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law — Sources — Customary international law — Criteria for establishment of custom — Constant and uniform repetition — Breadth of territorial waters — Whether Convention on Territorial Sea, 1958, declaratory of international law — The law of Italy.

International law in general — Relation to municipal law — Constitutional provision requiring conformity between municipal law and international law — Constitution of Italy, Article 10.

State territory — Parts of — Territorial waters — Breadth of — Diversity of State practice — Whether international law excludes jurisdiction over contiguous zone — The law of Italy.

Jurisdiction — Territorial — At the maritime frontier — Jurisdiction over offences in contiguous zone — Smuggling by foreign nationals in contiguous zone — Whether coastal State entitled to exercise jurisdiction — The law of Italy.

Jurisdiction — On the high seas — Enforcement of revenue laws — Contiguous zone — Smuggling by foreign nationals — Whether coastal State entitled to exercise jurisdiction — The law of Italy.

Type
Case Report
Copyright
© Cambridge University Press 1963

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