Rather, the majority adopted an incremental approach: although the common law does not necessarily end at
low-water mark, whether the common law extends to the territorial sea must be determined on a case-by-case basis.
(176.) Article 7(5) reads as follows: "Where the distance between the
low-water marks of the natural entrance points of a bay exceeds 24 nautical miles, a straight baseline of 24 nautical miles shall be drawn within the bay in such a manner as to enclose the maximum area of water that is possible with a line of that length."
Old rules of law and old legal institutions stay alive when they still have a purpose, or at least, when they do not interfere with the demands of current life."(254) The rub is determining whether the modification of the public trust doctrine to permit private wharfing out unto the flats or private ownership to the
low-water mark still serves a societal need or, rather, interferes with "the demands of current life."(255) "[A]t some point, there is a need for courts to act on behalf of the majority or public interest to `correct' for `legislative failure....'"(256)
The Court, through Justice Holmes, held that Indiana had jurisdiction to serve process below the
low-water mark on the Ohio River (i.e., within the boundaries of Kentucky) because the Virginia Compact provides both states with concurrent jurisdiction and, therefore, the Indiana judgment was entitled to full faith and credit.
But the
low-water mark, and the defining moment, in the political and military establishment's use of notions of loyalty to stifle dissent was Vietnam.
from the
low-water mark while regional waters extend up to 19 kms.
Prior to this decision, the High Court in Commonwealth v WMC Resources Ltd had considered the Crown 'S title to the continental shelf beyond the territorial sea and, in doing so, declared that the Crown's radical title does not exist below
low-water mark. Consequently, in Yarmirr, the majority of the High Court drew a distinction between the Crown's radical title to land and the Crown's 'sovereign rights and interests' to the territorial sea.
The mid-1980s was a
low-water mark for county services, and officials still refer to that period today.
We are at our
low-water mark in terms of our number of employees and our budget in recent times, and we are asked every year to do more with less.
Thanks to Paul Collingwood, who battled 95 balls for his 31, and a spirited swish of the tail from Ashley Giles, they scrambled past the
low-water mark by two runs.
Unfortunately for the 52-year-old actor, it's another
low-water mark in the sea of mediocrity on which he is almost permanently adrift.
King World's "Hollywood Squares" rose to a 4.0, up 14% from its
low-water mark of a 3.5 the previous week.
The bicameral conference committee on the Bangsamoro Basic Law (BBL) and the Bangsamoro Transition Commission (BTC) have agreed that the Bangsamoro waters in the Sulu Sea and Moro Gulf would extend up to 19 kilometers from the
low-water mark at the coasts that are part of the Bangsamoro territory.
Oregon State (6-7, 1-2) at Arizona (10-5, 1-2): The Beavers, coming off their offensive
low-water mark of the season against Arizona State on Thursday, should find it easier to score today, at least.
