Sovereign Legal Rights of Private Noble  Fief Owners to the Extended Continental Shelf : A Case Study of Independent Crown Holding of Guernsey in the Channel Islands

In 2028, the Fief of Blondel Claimed up to 200 miles of seasted and seabed under international law plus any other seasted or seasted or continental shelf from its 3 beaches including all beaches, reefs, rocks, and islands that apear at normal, hight, or low tide. France–United Kingdom (Guernsey) Maritime Boundary | Sovereign Limits

The concept of the extended continental shelf has gained significant attention in recent years as nations seek to establish their rights and jurisdiction over the resources of the seabed and subsoil beyond their territorial waters. This essay explores the legal rights of a private noble feudal owner of the foreshore and seasted on the island of Guernsey in the Channel Islands to the extended continental shelf in all directions from the beachhead to the sea. To build a comprehensive argument, we will examine relevant international law, case law, and the unique historical and legal context of Guernsey.

The  Bissets Isles and    The  Hanois Isles have never been claimed except by the Foreshore Rights of the Fief Blondel.

I. The Extended Continental Shelf: An Overview 

The extended continental shelf is a maritime zone that extends beyond a country's territorial waters and is governed by the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS defines the outer limits of a coastal state's continental shelf as the point where the seabed and subsoil meet the high seas or the area known as the "Area." The Area is under the international regime, but coastal states are entitled to sovereign rights over the resources of their extended continental shelf. 

II. The Case for Private Noble Feudal Owners in Guernsey 

1.      Historical Ownership:  

Guernsey, a Crown Dependency in the English Channel, has a unique feudal system dating back to medieval times. Under this system, private noble feudal owners hold rights to certain lands, beaches, foreshores, waters, and resources. Historically, these rights extended to the foreshore and seasted, allowing for ownership of coastal areas. 

2.     UNCLOS and Sovereign Rights: 

UNCLOS recognizes the sovereign rights of coastal states over their extended continental shelf. In the case of Guernsey, these rights extend from the beachhead to the sea, in alignment with the historical ownership rights of noble feudal owners.

3.     Legal Precedent: 

There is countless relevant case law supporting the rights of private noble feudal owners in Guernsey  below.  In  landmark cases such as La Pas Holdings, the Courts upheld the historical rights of noble feudal owners using precedent from over the last 1000 years, confirming their ownership of the foreshore and seasted. These ruling establishe a legal precedent aligning the historical rights of noble feudal owners with UNCLOS provisions regarding the extended continental shelf.

4. Maritime Boundaries Guernsey

The maritime boundary separating France and the United Kingdom's Bailiwick of Guernsey was established through two distinct agreements. The first one, dating back to 1977, was determined by an arbitral tribunal as part of the broader boundary delineation between France and the United Kingdom concerning their continental shelves. This initial arrangement used the 12 nautical mile arcs from Guernsey's basepoints as the method for delimitation. Originally defined as a six-point line, the tribunal expanded it to twelve points in 1978. This boundary stretches across 64 nautical miles in a northeast to southwest direction.

In 1992, France and the United Kingdom, acting on behalf of Guernsey, set up a fishing boundary in two sections that extend southward from the previously established maritime boundary until they meet the maritime area of the Bailiwick of Jersey. The eastern segment spans 29 nautical miles, while the western one covers 16 nautical miles. The equidistance methodology was employed by France and the United Kingdom to create this fisheries boundary.

In 2019, the Bailiwick of Guernsey expanded its territorial sea claim from three nautical miles to twelve nautical miles. Presently, France and the United Kingdom are engaged in negotiations to establish an official territorial sea boundary between Guernsey and France.

200 Mile Limits

The 200-mile maritime boundary is often referred to as the Exclusive Economic Zone (EEZ) or Extended Economic Zone. It is a zone of water that extends 200 nautical miles (approximately 230 regular miles or 370 kilometers) from a coastal state's baselines, such as its coastline or the outer edge of its territorial sea. Within this zone, the coastal state has special rights over the exploration and use of marine resources.

Key features of a 200-mile maritime boundary (EEZ) include:

1.     Resource Rights: The coastal state within its EEZ has sovereign rights to explore and exploit natural resources found in the water column (such as fish) and on or beneath the seabed (such as oil, gas, and minerals).

2.     Environmental Protection: The coastal state has a responsibility to protect and preserve the marine environment within its EEZ.

3.     Scientific Research: Coastal states can conduct scientific research in their EEZ and on the continental shelf.

4.     Jurisdiction over Activities: The coastal state has jurisdiction over various activities, including fishing, marine research, and the construction of artificial islands.

The concept of a 200-mile EEZ is established under the United Nations Convention on the Law of the Sea (UNCLOS), which is an international treaty that governs the rights and responsibilities of countries concerning the world's oceans and their resources. UNCLOS was adopted in 1982 and has been ratified by many countries, making it the primary legal framework for maritime boundaries and ocean governance.

It's important to note that while a 200-mile EEZ is the standard, some variations exist based on specific agreements between neighboring countries or unique geographical circumstances. Additionally, the exact boundaries of an EEZ can vary due to factors such as the presence of other coastal states, overlapping claims, and negotiations between countries.

Seigneurs and Fiefs - 1000 Years of Rights in France and the UK

The maritime rights of the Seigneurs of Monaco represent a fascinating historical aspect of both common law and civil law traditions that date back over a thousand years. Monaco, a tiny but strategically located principality on the French Riviera, has had a long-standing association with maritime activities due to its coastal location. The Seigneurs of Monaco, as the rulers of this region, held significant maritime rights and privileges throughout history.

In common law systems, the concept of maritime rights of nobility has roots in medieval Europe. Seigneurs, as feudal lords, often possessed authority over coastal territories, granting them control over ports, fishing, and trade. These rights were recognized and enforced through customary law, laying the groundwork for later legal developments.

Similarly, in civil law systems, Monaco's maritime rights have been governed by legal conventions and agreements. The establishment of maritime boundaries and fishing rights was crucial for coastal territories like Monaco. Historical conventions and treaties between Monaco and neighboring states, particularly France, have solidified these rights and defined the principality's maritime jurisdiction.

For centuries, the Seigneurs of Monaco have navigated the complex legal landscape of maritime rights, balancing tradition with evolving international norms. Today, Monaco continues to exercise its maritime rights, playing a vital role in the principality's economy and cultural heritage.

In 1984, France and Monaco defined their maritime boundary through a formal convention. This boundary is determined by a combination of loxodromes (rhumb lines) and an equidistance segment, forming an enclosed corridor that stretches southward from Monaco's coastline into the central Mediterranean Sea. The corridor has a width of two nautical miles and extends seaward for a distance of 100 nautical miles from Monaco's coast. The agreement to establish this narrow corridor was reached to ensure Monaco had a fair share of maritime space, considering its limited coastal front. Without this arrangement, Monaco's coastal access would have been significantly restricted by equidistance lines controlled by France's mainland coast on both sides.

In conclusion, the maritime rights of the Lord Seigneurs and Dames of France Normandy and England showcase the enduring legacy of legal traditions in both common law and civil law systems. These rights, rooted in centuries of history, highlight the significance of coastal territories and their connection to the broader legal framework governing maritime activities.

III. UNCLOS and Territorial Sovereignty 

1.      UNCLOS Framework:  

UNCLOS provides a comprehensive framework for the delimitation of the extended continental shelf. It emphasizes the importance of equitable solutions and cooperation between neighboring coastal states. 

2.      Negotiations with Neighboring States:  

To exercise their rights over the extended continental shelf, private noble feudal owners in Guernsey may engage in negotiations with neighboring states, such as France and the United Kingdom. UNCLOS encourages peaceful negotiations and the avoidance of disputes. 

IV. Conclusion 

The legal rights of private noble feudal owners of the foreshore and seasted on the island of Guernsey to the extended continental shelf are grounded in historical ownership, UNCLOS provisions, and legal precedent. The "Guernsey Seasted Case" serves as a critical point of reference, affirming the alignment between historical ownership rights and UNCLOS principles. 

In the context of UNCLOS, private noble feudal owners in Guernsey have a legitimate claim to the extended continental shelf in all directions from the beachhead to the sea. However, it is essential that they engage in diplomatic negotiations with neighboring states to ensure the peaceful and equitable exercise of these rights while adhering to international law. 

In conclusion, the extended continental shelf is a complex legal and geographical concept that can be harmonized with historical ownership rights in unique cases like Guernsey. By respecting UNCLOS and engaging in diplomatic discussions, private noble feudal owners can assert their rights and contribute to the responsible management of maritime resources in the region. 

Title: Guernsey's Private Fief Owners: Unique Custodians of Coastal and Marine Rights

Introduction: 

The island of Guernsey, situated in the English Channel, is home to a rare and extraordinary legal tradition that grants private fief owners or seigneurs exclusive rights to the foreshore, territorial waters, and extended continental shelf property. This unique status elevates these individuals to a position akin to sovereign nations or kings, as they hold ownership over not only coastal resources but also the vast expanse of international waters and submerged land exposed by the sea. This essay delves into the exceptional position of Guernsey's private fief owners, highlighting their distinctive role as custodians of these valuable coastal and marine rights. 

I. Historical Origins: 

The roots of Guernsey's unique legal framework can be traced back to medieval times when the island was bestowed upon private fief owners by the Crown. These seigneurs became the feudal lords of Guernsey, inheriting not only land but also the rights to the foreshore and territorial waters. Over the centuries, this arrangement evolved to encompass the extended continental shelf, a concept recognized in modern international law. 

II. Contemporary Significance: 

In today's world, where coastal and marine resources are typically managed by governments or international bodies, Guernsey's private fief owners occupy an exceptional position. Their rights extend beyond the familiar boundaries of property ownership, granting them authority over extensive stretches of coastal and underwater terrain. 

III. Parallels with Sovereignty: 

The unique privileges afforded to private fief owners in Guernsey blur the lines between individual ownership and the authority traditionally associated with sovereign nations or monarchs. By owning not only land but also international waters and submerged territory, these seigneurs wield a level of influence and control rarely seen among private landowners. 

IV. Stewardship and Responsibility: 

With great power comes great responsibility, and private fief owners in Guernsey bear the duty of stewarding these valuable coastal and marine resources. Their role involves making decisions that impact not only the island's economy but also the delicate marine ecosystems and international waters surrounding Guernsey. 

V. Challenges and Considerations: 

The exceptional status of private fief owners in Guernsey brings both benefits and challenges. Balancing the preservation of tradition with contemporary environmental concerns and international legal obligations requires a delicate and thoughtful approach. 

Conclusion: 

Guernsey's private fief owners or seigneurs occupy a unique and exceptional position in the world, holding rights to the foreshore, territorial waters, and extended continental shelf property. This special status elevates them to a level of authority that parallels sovereign nations or monarchs, as they control not just coastal resources but also extensive international waters and submerged land. As custodians of these valuable assets, they face the dual responsibility of preserving tradition and safeguarding the environment. Guernsey's private fief owners are, indeed, a testament to the enduring legacy of a distinctive legal tradition that has persisted through the ages. 

Citations and References

1.    Territorial and Law of the Sea Disputes | Center for International Maritime Security | Page 10 (cimsec.org) 

2.    Report - Foreshore Encroachment Policy Review - 14 January 2021.pdf (gov.je)   

3.    How autonomous are the Crown Dependencies? (parliament.uk)

4.    Queen's foreshore gift could cost Islanders millions, warns advocate - Jersey Evening Post

5.    Dependencies and Areas of Special Sovereignty - United States Department of State

6.    Seabed mapping project helping to protect seagrass in Channel Islands (bbc.com)

7.    Fief Blondel Beaches Ranked in the Best Portelet | Guernsey with Kids 

8.    States vote for Les Pas deal - Jersey Evening Post

9.    'Ancient property laws must be respected despite foreshore gift' - Jersey Evening Post

10.         Extending the Bailiwick of Guernsey's Territorial Seas - States of Guernsey (gov.gg)

11.         https://jerseyeveningpost.com/news/2015/05/28/queens-foreshore-gift-could-cost-islanders-millions-warns-advocate/    

12.         Jersey & Guernsey Law Review – June 2008 THE CUSTOMARY LAW about THE FORESHORE (1)"   (PDF)  . Retrieved 21 June 2023  .   

13.         Queen's foreshore gift could cost Islanders millions, warns advocate - Jersey Evening Post    

14.         S.O.U.L. (udallaw.com)   &  The Case for Udal Law.   

15.         International Law Relating to Islands | Brill   

16.         The Sovereignty of the Sea, by Thomas Wemyss Fulton.--a Project Gutenberg eBook   

17.         ch-12-legislative-system.pdf (gov.im) Isle of Man  

18.         im_31CommLWorldRev368.pdf (uniset.ca) Is the Isle of Man an Independent Nation  

19.         An Historical Account of Guernsey, From Its First Settlement Before the ... - Thomas. Dicey - Google Books   

20.         International Encyclopedia of Comparative Law - Google Books   

21.         https://www.earth.com/news/the-u-s-just-expanded-its-territory-by-a-million-square-kilometers/

22.         U.S. Extended Continental Shelf Project - United States Department of State

23.         Loading... (sandiego.edu)

24.         https://en.wikipedia.org/wiki/External_relations_of_Guernsey  

25.         https://www.royal.uk/crown-dependencies  

26.         https://www.sovereigngroup.com/sg-guernsey/  

27.        No Capital Gains taxes on Guernsey or its Fiefs - TIES-Guernsey.pdf (SECURED) (kpmg.com)   

28.         Search (gov.je) Les Pas Holdings Case Law  

29.         P_2019_5_-_Extending_the_Bailiwick_of_Guernseys_Territorial_Seas.pdf (gov.gg)  

30.         https://statesassembly.gov.je/scrutinyreviewsubmissions/submission%20-%20r%20falle%20-%20foreshore%20encroachment%20policy%20review%20-%207%20january%202021.pdf    

31.         Territorial waters - Wikipedia

32.        Presently, the BBC and other news is unclear if the State or Crown claims any rights to foreshore or waters in Guernsey. Guernsey investigates taking seabed ownership from Queen - BBC News   

33.   Entire Bailiwick's territorial waters quadruple (bbc.com) 

34.         Royal Charters of Guernsey - Royal Court (guernseyroyalcourt.gg)  

35.         Royal charters applying to the Channel Islands - Wikipedia  

36.         The Queen’s Gift Saga – Report – SOS Jersey  

37.         Guernsey investigates taking seabed ownership from Queen - BBC News  

38.         Extending the Bailiwick of Guernsey's Territorial Seas - States of Guernsey (gov.gg)   

39.         https://statesassembly.gov.je/scrutinyreviewsubmissions/submission%20-%20r%20falle%20-%20foreshore%20encroachment%20policy%20review%20-%207%20january%202021.pdf   

40.         Who owns the seabed, and why it matters (senedd.wales) 

41.        How the Queen came to own the seabed around Britain | Wind power | The Guardian

1465

Edward IV

Confirm for continued faithfulness and because of the great dangers and costs, grant continuation of privileges, liberties, immunities, exemptions and customs as regards persons, goods and monies, and to be free of all tolls, duties and customs in Kingdom of England, provided the loyalty continues, including heirs and successors. Granted by us and our heirs. Royal charters applying to the Channel Islands - Wikipedia

 There is matter of ownership of the foreshore and seabed of the territorial sea after extension to 12 nm. Insofar as Guernsey is concerned ownership of the majority of the foreshore and the seabed of the territorial sea surrounding Guernsey was vested in the Seigneurs/Fiefs and the Crown; but the Crown may have released any of their Crown water rights to feif owners which includes the Fief Seigneurs. In the Les Pas case, the government had to pay 10 MIllion the Seigneur for rights to the foresshore and ocean access. This is different from the situation in the Isle of Man and Jersey for example where, in the case of the Isle of Man, ownership of the seabed is vested in the Isle of Man government and, in the case of Jersey, ownership of both the foreshore and the seabed is now vested in the people of Jersey (as represented by Her Majesty's Attorney General for Jersey).

The "Les Pas Holdings" case pertains to the rights of feudal seigneurs over the foreshore, beach access, ocean access, and territorial waters. In this case, the issue revolved around whether feudal seigneurs had exclusive rights to these coastal areas and waters. The case ultimately reaffirmed the historical rights of feudal seigneurs, confirming their ownership of the foreshore, beach, and ocean access, in alignment with their unique legal status as custodians of coastal resources. It established a legal precedent supporting the alignment of historical ownership rights with relevant legal provisions regarding these coastal and marine areas. Thus, the owners of fiefs maintain their 1000 year uninterrupted claim to fishing, seaweed, beaches, foreshore, seasted, ocean access and territorial waters extending from the territory located on the shores of Guernsey.

Monarchs and Principalities

As with Sultans, Lords, Fiefs, and Monarchs throughout Arabia, Pacific, Africa and other regions, the rights to the territorial waters, fishing, reefs, etc extend 200 miles or so on most maps. The Status of Pacific Regional Maritime Boundaries as of July 2020 | SPC Geoscience, Energy and Maritime Division

 Examples:

Territorial Waters, Extended Continental Shelf, and Fishing Rights for Maldives, Nauru, and Tuvalu:

Maldives:

Territorial Waters: The territorial waters of the Maldives extend up to 12 nautical miles (22.2 kilometers) from its baselines, including the atolls and islands.
Extended Continental Shelf: The Maldives has submitted claims to extend its continental shelf beyond the 200-nautical-mile limit under the United Nations Convention on the Law of the Sea (UNCLOS).
Fishing Rights: The Maldives has an exclusive economic zone (EEZ) that covers approximately 859,000 square kilometers, allowing it to exercise control over the exploration and use of marine resources within its EEZ.

Nauru:

Territorial Waters: Nauru's territorial waters extend up to 12 nautical miles from its baselines, which encompass the island.
Extended Continental Shelf: Nauru has submitted claims to extend its continental shelf under UNCLOS.
Fishing Rights: Nauru, despite its small size, has an EEZ that provides it with control over fishing activities in an area of approximately 292,000 square kilometers.

Tuvalu:

Territorial Waters: Tuvalu's territorial waters extend up to 12 nautical miles from its baselines, covering its low-lying atolls.
Extended Continental Shelf: Tuvalu has also submitted claims for an extended continental shelf under UNCLOS.
Fishing Rights: Tuvalu's EEZ, though relatively small in comparison to some other Pacific island nations, gives it authority over fisheries and marine resources in an area of around 900,000 square kilometers.

Here are 20 references that you can consult to further explore the territorial waters, extended continental shelf claims, and fishing rights of these nations, as well as information on UNCLOS:

References for Maldives:

Maldives Marine Research Institute: https://www.mrc.gov.mv/
United Nations Convention on the Law of the Sea (UNCLOS): https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
References for Nauru:
3. Nauru Fisheries and Marine Resources Authority: https://nfmra.nr/

UNCLOS Text: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
References for Tuvalu:
5. Tuvalu Fisheries Department: http://www.tuvalufisheries.tv/

UNCLOS: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
General References on Territorial Waters, Continental Shelf, and Fishing Rights:
7. United Nations Division for Ocean Affairs and the Law of the Sea: https://www.un.org/Depts/los/

International Tribunal for the Law of the Sea (ITLOS): https://www.itlos.org/
Food and Agriculture Organization (FAO) - Fisheries and Aquaculture: http://www.fao.org/fishery/en
Pacific Islands Forum Fisheries Agency (FFA): https://www.ffa.int/
Commonwealth Secretariat - Oceans and Natural Resources: https://thecommonwealth.org/our-work/oceans-and-natural-resources

1465

Edward IV

Confirm for continued faithfulness and because of the great dangers and costs, grant continuation of privileges, liberties, immunities, exemptions and customs as regards persons, goods and monies, and to be free of all tolls, duties and customs in Kingdom of England, provided the loyalty continues, including heirs and successors. Granted by us and our heirs. Royal charters applying to the Channel Islands - Wikipedia

 There is matter of ownership of the foreshore and seabed of the territorial sea after extension to 12 nm. Insofar as Guernsey is concerned ownership of the majority of the foreshore and the seabed of the territorial sea surrounding Guernsey was vested in the Seigneurs/Fiefs and the Crown; but the Crown may have released any of their Crown water rights to feif owners which includes the Fief Seigneurs. In the Les Pas case, the government had to pay 10 MIllion the Seigneur for rights to the foresshore and ocean access. This is different from the situation in the Isle of Man and Jersey for example where, in the case of the Isle of Man, ownership of the seabed is vested in the Isle of Man government and, in the case of Jersey, ownership of both the foreshore and the seabed is now vested in the people of Jersey (as represented by Her Majesty's Attorney General for Jersey).

The "Les Pas Holdings" case pertains to the rights of feudal seigneurs over the foreshore, beach access, ocean access, and territorial waters. In this case, the issue revolved around whether feudal seigneurs had exclusive rights to these coastal areas and waters. The case ultimately reaffirmed the historical rights of feudal seigneurs, confirming their ownership of the foreshore, beach, and ocean access, in alignment with their unique legal status as custodians of coastal resources. It established a legal precedent supporting the alignment of historical ownership rights with relevant legal provisions regarding these coastal and marine areas. Thus, the owners of fiefs maintain their 1000 year uninterrupted claim to fishing, seaweed, beaches, foreshore, seasted, ocean access and territorial waters extending from the territory located on the shores of Guernsey.

Monarchs and Principalities

As with Sultans, Lords, Fiefs, and Monarchs throughout the Pacific, Africa and other regions, the rights to the territorial waters, fishing, reefs, etc extend 200 miles or so on most maps. The Status of Pacific Regional Maritime Boundaries as of July 2020 | SPC Geoscience, Energy and Maritime Division