Applicable Laws of the Sea

Artificial establishments at the "high seas" were not yet the subject of the first conference on the laws of the sea in 1930. It was only on the occasion of the conference in 1958 that international treaties on the continental shelf were elaborated and that agreements on economic use outside territorial waters were found. These were not, however, ratified by all countries

By virtue of the judgment of the international court of justice of 20th February 1969 which was based on a lawsuit on the use of the North Sea, that is part of the shelf of the European continent, the rights of use for research and exploration were granted to neighboring states. As SEALAND was allready a recognized State at this time, it was granted the same rights under this decision as any other state.

The granted possibility to expand territorial waters to a 12 sea miles range is of no significance for SEALAND as it had been proclaimed a state approximately 2 years before. Moreover, former fort Roughs Tower was not established in connection with national (English) customs issues but exclusively for military purposes. This means that the sea rights SEALAND was granted in 1967 by proclaiming a state have to be respected.

The subsequent expansion of English territorial waters from a previous 3 to a 12 sea miles range - effected on 1st October 1987 - cannot generate any legal problems between England and SEALAND as it was effected long after the foundation of the state of SEALAND.

The foundation of a state such as SEALAND is no longer possible today. Since the third conference on the laws of the sea, the nearest neighboring state is now required to consent to the construction of any artificial island pursuant to the convention on the laws of the sea of the United Nations on 10th December 1982 in Montego Bay. Moreover, this convention requires the neighboring state to pull down the artificial constructions immediately after use or to have them removed.

According to this convention of 1982, there is no transitional law and no possibility to consent to the existence of such a construction which was previously approved or built by the neighboring state. This means that it is unimaginable that a case like SEALAND will ever occur again. An artificial island can no longer claim the status of a sovereign state.