Territorial Waters for Lord Seigneurs of Fiefs of Guernsey
Guernsey is a self-governing
dependency of the Crown
with its own directly elected legislative assembly,
its own administrative, fiscal, feudal, and legal systems, and its own courts of law.
Guernsey, a British Crown Dependency located in the English Channel, has control
over its fishing rights within its territorial waters. The extent of Guernsey's territorial waters is determined by
international law and extends up to 12 nautical miles (approximately 13.8 regular miles or 22.2 kilometers) from
its coastline. Within this zone, Guernsey has sovereignty and control over fisheries management and
regulations. https://www.jerseylaw.je/publications/jglr/Pages/JLR1006_Falle.aspx
However, through cases like La Paz Holdings, the foreshore, fishing rights, and
territorial waters in front of the foreshore belong to the Seigneur or Dame who has feudal and manorial rights to
the beach, treasure, fish, seaweed and waters.
There are roughly 24 private fiefs on the Island. Based on the existing maps,
there may only be 10-15 fiefs that actually have sovereign foreshore and beach
territory exposed to the ocean and Fief Thomas Blondel is one of them.
The
Bailiwick of Guernsey
(French
:
Bailliage de Guernesey
; Guernésiais
:
Bailliage dé Guernési
) is a self-governing British Crown
Dependency
off the coast of Normandy
, France, comprising several of the Channel
Islands
. It has a total land area of 78 square kilometres (30 sq mi) and an estimated total
population of 67,334.
The Fiefs of Guernsey are co-equal with the Crown or King
Charles on the land holdings. The Crown Estate
is a collection of lands and holdings in
the United
Kingdom
belonging to the British
monarch
as a corporation sole
, making it "the sovereign's public estate", which is neither government property nor part of the monarch's private
estate.
[2]
[3]
[4]
[5]
Wikipedia articles say that: The
sovereign
has an official, but not personal claim to the estate, is not involved
with the management or administration of the estate, and has no control of its affairs. For all practical purposes
it is state property,
[7]
and in part funds the monarchy. With this statement said, then the fief owners
are sole owners of the foreshore and territorial waters as the Crown may have abandoned the
rights.
Foreshore |
Approximately 55% of the UK's foreshore is owned by
the Crown Estate; other owners of UK foreshore include the Duchy of Cornwall and the Duchy of Lancaster.
In Orkney, Guernsey, and Shetland, the Crown does not claim ownership of
foreshore.[76] |
While Guernsey claims 12 miles, the Seigneur of Fief Thomas Blondel claims 200
miles from 3 different foreshore areas in Guernsey. Beyond the 12-mile limit, Guernsey's fishing rights are subject
to international agreements and negotiations with neighboring countries, primarily France, as well as the European
Union. These agreements govern access to fishing grounds and the allocation of quotas for various fish species. The
specifics of these agreements can change over time and may vary depending on the political and economic
circumstances. Since, Fief Blondel was not a part of any of these territorial waters, seabed, seasted,
island, and reef/rocks agreements, the owner of these foreshores and waters maintains independent and sovereign
rights over any and all lands, rocks, reefs, seabed, fishing, oil and gas, minerals, port, and marina rights
related to such territory.
The Crown Estate plays a major role in the development of the offshore wind energy industry in
the UK. Other commercial activity managed by the Crown Estate on the seabed includes wave and tidal
energy, carbon capture and storage
, aggregates, submarine cables and pipelines and the mining of potash
. In terms of the foreshore, the Crown Estate issue licences or leases for around 850 aquaculture sites and owns
marina space for approximately 18,000 moorings. As of 2020
, marine holdings had a value of £4.1 billion.
[77]
The seigneurs of fiefs in Guernsey historically held certain fishing rights
associated with their fiefdoms. A fief is a piece of land in Guernsey that is subject to feudal tenure, and the
Seigneur or Dame is the feudal lord who historically held authority over the land and its resources, including
fishing rights. These rights go back over 1000 years.
These fishing rights varied from fief to fief and were typically inherited or
granted as part of the feudal system. The rights could include the privilege to fish in specific areas or to
collect certain types of seafood, such as oysters or seaweed, within the boundaries of the fief. These days, the
rights may extend to the seabed out 12-200 miles with regard to off shore rigs and oil
exploration. https://gov.gg/CHttpHandler.ashx?id=3857&p=0
In some legal instances,
The Guernsey Government had to pay people with rights to the foreshore and business that would be damaged for
loss of earnings. Along the southern shores of the Braye du Valle had been salt pans, their owners receiving
compensation for their loss.
[1]
The saltpan businesses receiving £1,750, with the other owners being paid £1,500. In total £3,250 was paid
out.
[5]
With the Crown Islands - The fiefs own the seabed below high water mark to
the 12-mile limit and also owns minerals and petroleum (the property in all minerals existing in natural
condition; all mines for the working of such minerals; and all petroleum existing in natural condition) on, in or
under the sea bed beneath the extended territorial sea and retains the rights to coal in the territorial
sea.
When the foreshore was gifted to the public, many lawyers specified
that parts of the foreshore are subject to fiefs and owned by the Private
Lord Seigneurs and therefore the whole of the foreshore is not owned by the public as the Crown cannot give what is
not theirs to give.
submission - julian mallinson initial submission - foreshore encroachment policy
review - 16 april 2019.pdf (gov.je)
Similarly, in the 1953 case at the International Court of Justice over the Minquiers and
Écréhous groups in the Channel Islands, the court rejected a French claim based on historic presence and fishing
rights that is remarkably similar to Chinese historic claims in the South China Sea. Instead, the court awarded the
features to England based on subsequent exercise of jurisdiction over them by the Manorial court of the
fief.
Territorial and Law of the Sea Disputes | Center for International Maritime Security | Page 10
(cimsec.org)
-
https://statesassembly.gov.je/scrutinyreviewsubmissions/submission%20-%20r%20falle%20-%20foreshore%20encroachment%20policy%20review%20-%207%20january%202021.pdf
-
Report - Foreshore Encroachment Policy Review - 14 January 2021.pdf
(gov.je)
-
https://jerseyeveningpost.com/news/2015/05/28/queens-foreshore-gift-could-cost-islanders-millions-warns-advocate/
- Jersey & Guernsey Law Review – June
2008 THE CUSTOMARY LAW about THE FORESHORE (1)"
(PDF)
. Retrieved 21 June 2023
.
-
Queen's foreshore gift could cost Islanders millions, warns
advocate - Jersey Evening Post
-
S.O.U.L.
(udallaw.com) & The Case for Udal
Law.
- International Law Relating to
Islands | Brill
- The
Sovereignty of the Sea, by Thomas Wemyss Fulton.--a Project Gutenberg eBook
- ch-12-legislative-system.pdf (gov.im) Isle of
Man
- im_31CommLWorldRev368.pdf (uniset.ca) Is the
Isle of Man an Independent Nation
-
An Historical Account of Guernsey, From Its First Settlement Before the ... -
Thomas. Dicey - Google Books
-
International Enclopedia of Comparative Law - Google
Books
|