Friday, October 12, 2007

British Virgin Islands' territorial sea extended

The United Kingdom government has enacted an order which extends the British Virgin Islands� territorial sea from 3 to 12 nautical miles from the shoreline.

Deputy Governor Elton Georges said that the BVI has been pursuing such an extension of its territorial waters since 1991, when Executive Council first requested the 12-mile limit.

Before the waters could be extended, however, the BVI was required to agree on its maritime boundaries with the United States Virgin Islands, Puerto Rico and Anguilla. The U.S. Virgin Islands and Puerto Rico boundary was agreed in 1995, but it took a further 10 years until the boundary with Anguilla was settled.

Mr. Georges explained that a territorial sea is that part of the waters surrounding a country where its laws are deemed to apply.

�There is particular relevance for customs and immigration enforcement, anti-narcotics activity, marine environmental protection and shipping,� he said, noting that a country generally has certain safety and rescue responsibilities inside its territorial waters.

Since 1977 the BVI has also had an Exclusive Fisheries Zone, which gives the Territory exclusive rights, under international law, to the fishery resource within 200 nautical miles of the BVI�s territorial boundary.

The Deputy Governor said that the extension of the territorial sea now clears the way for establishment of a 200-mile Exclusive Economic Zone around the BVI. Such a zone would give the Territory exclusive rights to a broader array of economic and natural resources, including oil and mineral resources on the seabed.

The Virgin Islands (Territorial Sea) Order 2007, which came into effect on August 15, was made in accordance with the UK�s Colonial Boundaries Act of 1895. It was published in the Virgin Islands Official Gazette in September.

Notes:

1. A nautical mile is 1,852 meters, or 1.15 geographical miles. It is equal to one minute of latitude along any meridian.

2. The Virgin Islands (Territorial Sea) Order 2007 was made on July 25, 2007; came into force on August 15, 2007; and was published in the Virgin Islands Official Gazette on September 20, 2007. It may be downloaded in its entirety at www.bvigazette.org.

3. In December 1991, Executive Council agreed to request that the United Kingdom extend the BVI�s territorial sea 12 nautical miles from the low-water of the coast.

4. On November 5, 1993 the boundary between Puerto Rico/U.S. Virgin Islands and the British Virgin Islands was agreed upon via Treaty between the U.S. and U.K., which was ratified on June 1, 1995.

5. In 2002, a compromise boundary between Anguilla and the British Virgin Islands was agreed upon. The main sticking point in the protracted negotiations was the weight to be given to the island of Sombrero which is accepted as belonging to Anguilla, but formerly had been named as part of the Virgin Islands.

6. On July 11, 2005, in Royal Prerogative No. 49 of 2005, the boundary between Anguilla and the British Virgin Islands was formally established.

7. The international law referred to in the fifth paragraph of this news release is primarily the United Nations Law of the Sea.

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