41751
2
MY LORD,
No. 22.
(JAMAICA.)
LAW OFFICERS to FOREIGN OFFICE.
[Dispute with Nicaragua respecting the Turtle Fisheries off the Mosquito Coast: question of the sovereignty of Nicaragua over certain cays.]
Law Officers Department,
November 10, 1905. WE were honoured with your Lordship's commands signified to us by Mr. Camp- bell in his letter of the 29th September last, stating that he was directed by your Lordship to transmit to us the papers relating to a dispute which has arisen between this country and Nicaragua in connection with the turtle fisheries off the Mosquito Coast, and to say that your Lordship would be glad to be furnished with our opinion whether Sucre Cay and Deadman's Bar are, or are not, islands in the sense that they are capable of conferring sovereignty over the adjacent waters within three miles. We have taken the matter into our consideration, and, in obedience to your ship's commands, have the honour to
Report-
Lord-
That, in our opinion, Sucre Cay, Deadman's Bar and Ham Cays must be con- sidered as islands. We know of no test for determining such a question except that laid down by our predecessors in their report of the 25th March, 1875, viz., whether the land is submerged or not at ordinary high tide, and we do not think it would be advisable in any event to depart from this view, which was acted upon in the case of islands in the South Pacific Ocean. As regards Morrison Cays, applying the same test they would not be considered islands, but it may possibly not be worth while to draw any distinction.
There remains, of course, the further question as to whether the Nicaraguan Government can successfully claim sovereignty over these cays and upon this point we are not in a position, upon the materials before us, to offer any opinion.
It is, we think, well worthy of consideration whether, having regard to the diffi- culty of defining the territorial limits of Nicaragua, it might not be better to attempt to have satisfactory conditions of fishing laid down in concert with the Nicaraguan Government.
We are, &c.,
R. B. FINLAY. EDWARD CARSON.
The Marquess of Lansdowne, K.G., &c., &c., &c.
25 Wt 2645 12,05 D&S 5
28084
No. 53 in Vol. III.
PUBLIC RECORD OFFICE
Reference :-
C.O.885
16 PUBLIC RECORD OFFICE, LONDON
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