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The Evolution of the Legal Regime of the Continental Shelf, Part II

Published online by Cambridge University Press:  09 March 2016

M. L. Jewett
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Canadian Yearbook of International Law/Annuaire canadien de droit international , Volume 23 , 1986 , pp. 201 - 225
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Copyright © The Canadian Council on International Law / Conseil Canadien de Droit International, representing the Board of Editors, Canadian Yearbook of International Law / Comité de Rédaction, Annuaire Canadien de Droit International 1986

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References

1 (1984) Canadian Yearbook of International Law 153. Research for this article was undertaken in contemplation of litigation. A note on the method of research follows the conclusion of this study.

2 Reference re Mineral and Other Natural Resources of the Continental Shelf (1983), 145 D.L.R. (3d) 9 (Nfld. Ct. App.); Reference re the Seabed and Subsoil of the Continental Shelf Offshore Newfoundland (1984), 5 D.L.R. (4th) 385 (Sup. Ct. Gda). And see Part I of this article, supra note 1, 154–57.

3 As quoted in a letter from the Foreign Office (Baggallay) to the Colonial Office (Glauson), Jan. 8, 1937 (Public Record Office Foreign Office Records: F.O. 371 20040 E7681/12/34). Records from this source are cited hereafter by the prefix F.O.

4 Letter from the Foreign Office to the India Office (Gibson), Feb. 11, 1938 (F.O. 371 21812 E48/48/91).

5 Letter from the Foreign Office (Talbot) to the Colonial Office (Murray), Dec. 8, 1941 (F.O. 371 29157 WI3869/13869/150).

6 Draft letter from the Foreign Office (Smith) to the Committee of Civil Research (Hemming), Nov. 21, 1929 (F.O. 371 14075 WI069/4/634/17).

7 The other two bases, which were discarded, were levying oil dues at the entrance to the Gulf area and division of the Gulf as national waters.

8 Letter from the Foreign Office to the Under Secretary of State, Colonial Office, Mar. 17, 1936 (F.O. 371 19847 A878/878/47).

8 Cypher Telegram #7 from the Foreign Office to H.M. Ambassador (Gainer), Caracas, Venezuela, Jan. 17, 1940 (F.O. 371 24270 A308/308/47).

10 Letter from the Foreign Office (Dean) to the Attorney-General (Somerville), Mar. 26, 1941 (F.O. 371 26308 A2108/77/47).

11 Letter from the Foreign Office (Gallop) to the British Embassy, Washington (Wright), Aug. 18, 1945 (F.O. 371 50384 W9863/12/76); letter from the British Embassy, Washington (Cecil) to the Office of the Legal Adviser, State Department (Bishop), Aug. 31, 1945 (U.S. National Archives/State Department Papers: 811 0145/8–3145).

12 Minute by W. E. Beckett, Foreign Office, Dec. 12, 1945 (F.O. 371 50390 W15433/12/76).

13 Foreign Office minutes of meeting, Jan. 16, 1946 (F.O. 371 54741 W1075/391/76).

14 Ibid. For the list, see the letter from the Admiralty (Dodds) to the Foreign Office (Freese-Pennefather), Mar. 16, 1946 (F.O. 371 51707 AN817/307/45).

15 “Memorandum on the Exercise of Sovereign Rights over the Sub-soil outside Territorial Waters” (Beckett), Oct. 31, 1946 (F.O. 371 51708 AN3325/ 30/4).

16 Note of Meeting held in the Lord Chancellor’s Room, Nov. 1, 1948 (F.O. E15591/276/91).

17 Opinion of the Law Officers of the Crown (Shawcross and Soskice), Jan. 18, 1949 (F.O. E1229/1271/91).

18 Letter from the Foreign Office (Beckett) to the Attorney General, Jan. 18, 1949 (F.O. E14459/276/91/1948).

19 Cabinet Paper 49, a memorandum by the Secretary of State for Foreign Affairs, “Sea-Bed Oil in the Persian Gulf,” Feb. 10, 1949 (F.O. E2170/1271/91).

20 United Nations Legislative Series, Laws and Regulations on the Regime of the High Seas, Vol. I, at 22–30 (1961); ST/LEG/SER. B/1.

21 Enclosed with the letter from the Foreign Office to the India Office (Gibson), Apr. 25, 1938 (F.O. 371 21822 E2288/413/91).

22 Letter from the Foreign Office (Baxter) to the Anglo-Iranian Oil Company (Mylles), Nov. 29, 1938 (F.O. 371 21822 E2288/413/91 ). And see the Foreign Office’s later letter (Baggallay) to the India Office (Peel), referring to the possibility of the Kuwait Oil Company asserting occupation on behalf of the Sheikh by “sinking shafts,” Mar. 2, 1940 (F.O. 371 24542 E405/19/91).

23 Letter from the Foreign Office (Baggallay) to the India Office (Peel), June 21, 1939 (F.O. 371 23185 E4026/196/91).

24 Minute by W. E. Beckett, supra note 15; letter from Foreign Office (Freese-Pennefather) to India Office (Donaldson), Jan. 4, 1946 (F.O. 371 50390 W15433/12/76).

25 Letter from the Foreign Office (Gage) to the Ministry of Fuel and Power (Simon), Feb. 4, 1947, transmitting extracts from the Anglo-United States talks on oil, Nov. 26, 1946 (F.O. AN 167/107/45). And see Minute by D. A. Logan, Foreign Office, Jan. 23, 1947 (F.O. E2870/716/91).

26 Draft despatch No. 153 from the Foreign Office to H.M. Ambassador, Washington (Lord Inverchapel), Feb. 4, 1948 (F.O. E1478/276/91). The quotation is from the draft of Jan. 1948.

27 Letter from the Eastern Department, Foreign Office to the Chancery, Washington, May 24, 1948 (F.O. E276/276/91).

28 Petroleum Development (Trucidl Coast) Ltd. v. The Sheikh of Abu Dhabi, Award of Lord Asquith of Bishopstone, Aug. 1951. Text in (1952) 1 Int’l & Comp. L.Q. 247.

29 Letter from the Eastern Department, Foreign Office to the Chancery, supra note 27.

30 Telegram No. 6929 from the Foreign Office to Washington, June 26, 1948 (F.O. 371 E8192/76/91 ). Based on Minute by W. E. Beckett, Foreign Office, June 23, 1948 (F.O. 371 E8192/276/91).

31 Memorandum by Sir A. Russell, Jan. 11, 1945 (F.O. 371 50380 07589).

32 Ibid.

33 Despatch #48 from the Secretary of State for the Colonies to H.R.H. The Duke of Windsor, Governor of the Bahamas, Mar. 12, 1945 (F.O. 371/50380 W3500/12/76) and Despatch #80 from H.R.H. The Duke of Windsor, Governor of the Bahamas, to the Secretary of State for the Colonies, Mar. 24, 1945 (F.O. 371 50380 W4288/12/76).

34 Despatch #408 from the Secretary of State for the Colonies to Sir J. Huggins, Governor of Jamaica, May 18, 1945 (F.O. 371 50381 W5661/12/76) and Despatch #511 from Sir J. Huggins, Governor of Jamaica, to the Secretary of State for the Colonies, May 22, 1945 (F.O. 371 50381 W5661/12/ 76). The “dependencies” referred to were the Turks and Caicos Islands. The Colonial Office agreed that any attempt to enforce the acts of a colonial legislature outside the three-mile limit could well be held ultra vires: see the letter from the Colonial Office (Monson) to the Foreign Office (Gage), Aug. 8, 1946 (F.O. 371 51707 AN2454/307/45).

35 Despatch from the British Embassy, Washington to the United States State Department, Aug. 3, 1945 (U.S. National Archives/State Department Papers: 811.0145/8–345).

36 Despatch #337 from the Governor of the Bahamas (Murphy) to the Secretary of State for the Colonies, Dec. 11, 1946 (F.O. 371 51708 AN5794/507/45); letter from the Foreign Office (Wilson-Young) to the Colonial Office (Burt), Jan. 4, 1947 (F.O. 371 51708 AN5794/307/45).

37 Minute by W. E. Beckett, supra note 30. This minute was concerned with the Persian Gulf rather than the Bahamas or Jamaica. His description of the United States position was not, however, the official one. The U.S. denied having acquired ownership of the seabed and insisted on having claimed no more than jurisdiction and control over its resources: see the extracts from the Anglo-U.S. talks on oil, 26 Nov. 26, 1946, transmitted with the letter from the Foreign Office to the Ministry of Fuel and Power, supra note 25.

38 United Kingdom, Statutory Instruments, 1948, Vol. I, Part I, at 250 and Part II, at 1664.

39 Letter from the Commissioner of Natural Resources, Newfoundland (Dunn) to the Dominions Office (Clutterbuck), June 5, 1945 (Public Record Office/Commonwealth Relations Office Papers: N461/57). Records from this source are cited hereafter by the prefix C.R.O.

40 Despatch #43 from Newfoundland to the Dominions Office, July 20, 1945 (C.R.O. N461/57).

41 Letter from the Admiralty to the Foreign Offive, supra note 14.

42 Letter from the Department of Natural Resources, Newfoundland (Flinn) to the Commonwealth Relations Office (Tait), June 30, 1947 (C.R.O. L2075/1) and letter from the Commonwealth Relations Office (Costley-White) to the Ministry of Agriculture and Fisheries, Newfoundland (Dunn), July 31, 1947, transmitting a copy of the letter from the Department of Natural Resources, Newfoundland (Flinn) to the Commonwealth Relations Office (Tait), July 23, 1947 (C.R.O. L2075/1). The letter of transmittal from the Commonwealth Relations Office to the Ministry of Agriculture and Fisheries, which was concerned exclusively with fisheries, makes the point that it would not be proper constitutionally for Newfoundland to approach the United States Government directly.

43 Letter from the Foreign Office (Stephens) to the Commonwealth Relations Office (Costley-White), Sept. 1, 1947 (F.O. AN270/107/45).

44 Letter from the Commonwealth Relations Office (Tait) to the Department of Natural Resources (Flinn), Oct. 11, 1947 (C.R.O. L2075/1).

45 Circular despatch #75 from Henderson, on behalf of the Secretary of State, Commonwealth Relations Office, to the Secretary of State for External Affairs, Canada, Sept. 3, 1947 (C.R.O. AN3065/107/405).

46 Minute by C. E. Ludlam, Foreign Office, Aug. 19, 1947 (C.R.O. AN2770/107/45).

47 (1983), 145 D.L.R. (3d) 9.

48 (1984)) 5 D.L.R. (4th) 385.

49 A recent example is the decision of the International Court of Justice delivered on June 3, 1985 in the Case Concerning the Continental Shelf (Libyan Arab Jamahiriya/Malta) [1985] I.C.J. Rep. 13.