Rego Sanles v. Ministère Public

Abstract

International law in general — Nature and binding force — Establishment of new rule of customary international law — Generalized State practice — New trends accepted by United Nations Conference on the Law of the Sea — Whether customary rule abrogates rule contained in Geneva Convention on the High Seas, 1958 — The law of France

International law in general — Sources — Customary international law — Establishment of new rule — Generalized State practice — New trends accepted by United Nations Conference on the Law of the Sea — Whether new customary rule abrogates rule contained in Geneva Convention on the High Seas, 1958 — The law of France

State territory — Parts of — Territorial water — Coasting trade and fisheries — Establishment of 200-mile “economic zones” beyond coastline — Exclusion of foreign nationals from fishing within such zones beyond 12-mile limit — London Convention, 1964 — France Spain General Fisheries Agreement, 1967 — Mutual fishing rights in “reserved zone” between 6 and 12 miles off coast of contracting partie — Whether economic zones to be regarded as extension of reserved zone under Convention — The law of France

Jurisdiction — In general — Territorial — Fisheries — Establishment of 200-mile “economic zones” beyond coastline — Exclusion of foreign nationals from fishing within such zones beyond 12-mile limit — EEC fisheries licensing system — Community Regulations enacted within framework of Treaty of Rome — Whether binding on third States and their national — Effect of acquiescence — The law of France

Treaties — Conclusion and operation — Effect of treaties on third parties — EEC Regulations enacted within framework of Treaty of Rome — Licensing system for fisheries — Whether binding on third States and their nationals — Effect of acquiescence — The law of France

Treaties — Interpretation of — Principles and rules of interpretation — Clear text — Presumed intention of the parties — Whether interpretation of treaties a matter for municipal courts — The law of France

State territory — Parts of — Territorial waters — Breadth and delimitation of the maritime belt — Establishment of 200-mile "economic zones" beyond coastline — Generalized State practice — Whether reflecting new rule of customary international law — New trends accepted by United Nations Conference on the Law of the Sea — Whether new customary rule abrogates rule contained in Geneva Convention on the High Seas, 1958 — Exclusion of foreign nationals from fishing within economic zones beyond 12-mile limit — London Fisheries Convention, 1964 — France-Spain General Fisheries Agreement, 1967 — Mutual fishing rights in "reserved zone" between 6 and 12 miles off coasts of contracting parties — Whether economic zones to be regarded as extension of reserved zone under Convention — Interpretation of treaties — Clear text — Presumed intention of the parties — Whether interpretation a matter for municipal courts — Jurisdiction over fisheries — EEC licensing system — Community Regulations enacted within framework of Treaty of Rome — Whether binding on third States and their nationals — Effect of acquiescence — The law of France