Hervey, John G

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Indiana University Bloomington Maurer School of Law

Indiana Law JournalVolume 5 | Issue 3 Article 412-1929Jurisdiction in Marginal Seas, with SpecialReference to Smuggling, by William E. MastersonJohn G. HerveyTemple University School of LawFollow this and additional works at: http://www.repository.law.indiana.edu/iljPart of the Admiralty Commons, and the Jurisdiction CommonsThis Book Review is brought to you for free and open access by the LawSchool Journals at Digital Repository @ Maurer Law. It has been acceptedfor inclusion in Indiana Law Journal by an authorized administrator ofDigital Repository @ Maurer Law. For more information, please contactwattn@indiana.edu.Recommended CitationHervey, John G. (1929) "Jurisdiction in Marginal Seas, with Special Reference to Smuggling, by William E. Masterson," Indiana LawJournal: Vol. 5: Iss. 3, Article 4.Available at: http://www.repository.law.indiana.edu/ilj/vol5/iss3/4REVIEWSJURISDICTION IN MARGINAL SEAS*The exclusion of intoxicating liquors and the imposition ofheavy duties upon its importation by various countries haverenewed the activities of smugglers. Also, it has raised theinteresting question of the extent, if any, to which a state mayenforce its revenue laws against foreign vessels when they arebeyond the traditional "territorial waters." It is essentially aproblem of jurisdiction over the marginal high seas by thelittoral state. However, this treatise considers the exercise ofjurisdiction for one purpose only, viz., the prevention of smug-gling. The volume treats of the law as it has developed inEngland and the United States. Only occasional reference ismade to the law of other countries, although such laws haveexisted for years. Since such laws have been "in existence formore than a hundred years, and have not been opposed by otherstates, a customary rule of the Law of Nations may be said toexist, which allows littoral states in the interest of their sani-tary and revenue laws to impose certain duties upon such foreignvessels bound for their ports as are approaching, although notyet within their territorial maritime belt." Such is the rule oflaw the historical development of which is traced in this volume.The real basis for such jurisdiction and, from the point of viewof International Law the test of its soundness, according toMr. Masterson, is to be found in the theory of interests. Thisjurisdiction must be exercised for the protection of variousinterests: it serves a highly useful purpose from the standpointof the enforcing state. Also, the exercise of such jurisdictiondoes not run counter to the interests of the flag or state or theCommunity of Nations, inasmuch as the laws apply only tovessels engaged in unlawful enterprises. Legitimate commercedoes not suffer.The doctrine of "freedom of the seas" has never permittedthe high seas to remain open for all purposes. Pirates may beseized at any time. In time of war neutral vessels may bevisited and searched. Foreign vessels violating the laws of astate within its territorial waters may be pursued on the highseas under the doctrine of "hot pursuit." These interferencesare not looked upon as violations of the freedom of the seas.Neither can the seizure of a vessel engaged in violating thesmuggling laws of a littoral state be so regarded. The smuggler*Jurisdiction in Marginal Seas With Special Reference toSmuggling, by William E. Masterson. Macmillan Company:New York. $5.00. pp. xxviii, 425.233INDIANA LAW JOURNALand the pirate stand in the same class since neither can demon-strate a legal interest in their undertakings.At some future date the rule may be contested. A customary lawmay no longer suffice and it may become necessary to resort to aninternational convention. As world trade expands and the inter-dependence of states increases this problem, which was formerlypeculiar to England and the United States, may become theconcern of all states. The initial steps in such a solution havealready been taken. The exact point has been covered in the rumtreaties negotiated by the United States with numerous coun-tries. These treaties, together with the resulting cases anddecisions, are considered at length by Mr. Masterson. The Con-vention of 1925 between Germany, the North European Statesand Soviet Russia provides that "the parties shall not object tothe application of each other's laws to vessels engaged in smug-gling, within twelve marine miles from the shore, etc." Similartreaties have been made by Mexico and other states. The Mem-bers of the League of Nations regard this as a subject of Inter-national Law whose regulation by international agreement wouldseem to be "most desirable and realizable at the present mo-ment." In the light of these developments it appears that ageneral international convention on the problem of jurisdictionover the marginal seas may reasonably be expected within thenext few years. The developments thus far are set out byMr. Masterson.The work is primarily historical. The author has relied heavilyupon original sources, placing special emphasis upon municipallegislation and executive proclamations, treaties and diplomaticcorrespondence, and court decisions, some of which have nothitherto been published. The book will be of interest to all thoseinterested in the development of the law; it will scarcely sufficeas a guide for those charged with the application of the lawto the facts in a particular controversy.JOHN G. HERVEY.School of Law, Temple University.

Jurisdiction in Marginal Seas, with Special Reference to Smuggling, by William E. Masterson

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Jurisdiction in Marginal Seas, with Special Reference to Smuggling, by William E. Masterson

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