CAB129-52 — Page 70

CART

OFFICE RECORD COPY

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(THIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT)

CONFIDENTIAL

C. (52) 169

21ST MAY, 1952

CABINET

COPY NO.

NO. 64

THE CONTIGUOUS ZONE

Memorandum by the Secretary of State for Foreign Affairs

A recommendation was recently made by the International Law Commission of the United Nations to the effect that member countries should recognise jurisdiction for certain purposes (particularly the enforcement of customs regulations) in a limited area, extending to about 12 miles from the coast. This area is known as the contiguous zone. Jurisdiction would not include the right to restrict fishing within it.

2.

Her Majesty's Government have in the past refused to recognise the principle of the contiguous zone. However, with the approval of the Prime Minister and after consultation with the Ministers mainly concerned (namely the Secretary of State for Co-ordination of Transport, Fuel and Power, the First Lord of the Admiralty, the Minister of Agriculture and Fisheries and the Minister of Trans- port) it is now proposed to inform the International Law Commission that Her Majesty's Government are prepared to accept their recommendation.

3.

The recommendation of the International Law Commission is moderate in its scope. Moreover, if we, on our part, are prepared to concede the exercise by coastal states of a limited degree of jurisdiction over contiguous zones, we may be able to gain support from other countries for the maintenance of three miles as the generally accepted limit to territorial waters. This latter principle, which is important to the United Kingdom, is endangered by the general tendency to extend jurisdiction over the high seas..

4.

The Secretary of State for Commonwealth Relations and I are trying to enlist the support of the Commonwealth and certain foreign Governments for our view about the maintenance of the three mile limit for territorial waters.

Foreign Office, S.W.1.

21st MAY, 1952.

A.E.

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