1 It is long recognized that States exercise authority over coastal waters that are effectively controlled from land. Such a conception seems already to have been part of Grotius’ argument on the freedom of the seas. In the early 18th century, Bynkershoek submitted a more specific division of sea areas: the high seas where freedom of the seas was to prevail and a coastal belt of sea subject to the coastal State’s sovereignty. 2 The original theory of the territorial sea regarded it as the ‘property’ of the coastal State: territorial sea was assimilated with...
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