LAW2320

Law of the Seas

Introduction

The Schooner Exchange v McFaddon

Facts
Held/Notes
R v Anderson
Facts
-

A crew member who was a US national aboard a British ship was convicted of
manslaughter for his crimes committed in French waters. He appealed on the grounds that
the British courts had no jurisdiction to hear the case.
Held/Notes

Bovill CJ offence was committed within the territory of France, he was therefore
subject to laws of France, and could be tried by French authorities if so minded, at the
same time the offence was also committed with British territory, for the prison was a

seaman on board a whip under the protection the British flag

Byles J A British ship is, for the purposed of this question like a floating island, when a
crime is committed on board a British ship, it is within jurisdiction

Wildenhuss Caase
Facts
-

A Belgian crew member of a Belgian merchant ship, was found guilty by an American
court of murder of another Belgian crew member while docked in the port of Jersey City,
New Jersey.
Held/Notes

Waite CJ It is part of the law of civilised nations that when a merchant vessel of one
country enters another for the purposes of trade, it subjects itself to the law of the place

LAW2320

Law of the Seas

which it goes, unless by treaty or otherwise the two countries have come to some
-

different understanding or agreement.

By comity it was decided by matters of discipline and all things done on board which
affected only the vessel or those belonging to her should be left by local government to

be dealt with by authorities of the vessels origin nation.

However, if crimes are committed on board of a character to disturb the peace and
tranquillity of the country to which the vessel has been brought, the offenders have never
by comity or usage been entitled to any exemption from the operation of the local laws

for their punishment, if the local tribunals see fit to assert their authority.
Especially so for crimes which every civilised nation considers itself bound to provide a
severe punishment for when committed within its own jurisdiction.

Territorial Sea