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{{current-related}}
{{otheruses}}
{{otheruses}}
{{Sealand table}}
{{Sealand table}}
The '''Principality of Sealand''' is a man-made off-shore installation named [[HM Fort Roughs]], a former [[Maunsell Sea Fort]] located in the [[North Sea]] 10 [[metre|kilometres]] (six [[mile]]s) off the coast of [[Suffolk]], [[England]], as well as [[territorial waters]] in a [[Nautical mile|twelve-nautical-mile]] radius.
The '''Principality of Sealand''' is a man-made off-shore installation named [[HM Fort Roughs]], a former [[Maunsell Sea Fort]] located in the [[North Sea]] 10 [[metre|kilometres]] (six [[mile]]s) off the coast of [[Suffolk]], [[England]], as well as [[territorial waters]] in a [[Nautical mile|twelve-nautical-mile]] radius.


Since [[1967]], the population of Sealand has consisted of the associates and family members of [[Paddy Roy Bates]], a former radio broadcaster and former [[Major (UK)|British Army Major]]. Critics claim that Roughs Tower has always remained the property of the United Kingdom, a view that is disputed by the Bates family. The population of the facility rarely exceeds ten, and its area is 5920 sq. ft.
Since [[1967]], the population of Sealand has consisted of the associates and family members of [[Paddy Roy Bates]], a former radio broadcaster and former [[Major (UK)|British Army Major]]. Critics, as well as court rulings in the United States and in Germany, have claimed that Roughs Tower has always remained the property of the United Kingdom, a view that is disputed by the Bates family. The population of the facility rarely exceeds ten, and its area is 5920 sq. ft.


Sealand's claims to sovereignty and legitimacy are not recognised by any [[country]], yet it is sometimes cited<ref>du Pont, George F. (2001) [http://grove.ufl.edu/~techlaw/vol6/issue2/duPont.pdf The Time Has Come for Limited Liability for Operators of True Anonymity Remailers in Cyberspace: An Examination of the Possibilities and Perils] 6 J. Tech L. & Poly 3 (2001).</ref> in debates as an interesting case study of how various principles of [[international law]] can be applied to a [[territorial dispute]].
Sealand's claims to sovereignty and legitimacy are not recognised by any [[country]], yet it is sometimes cited<ref>du Pont, George F. (2001) [http://grove.ufl.edu/~techlaw/vol6/issue2/duPont.pdf The Time Has Come for Limited Liability for Operators of True Anonymity Remailers in Cyberspace: An Examination of the Possibilities and Perils] 6 J. Tech L. & Poly 3 (2001).</ref> in debates as an interesting case study of how various principles of [[international law]] can be applied to a [[territorial dispute]].


==History==
==History==
[[Image:Stages In The Sinking Of A Naval Fort.svg|100px|thumb|left|Sinking of fort.]]
HM Fort Roughs, also called Roughs Tower, is one of several World War II installations that were designed by [[Guy Maunsell]] and known collectively as His Majesty's Forts or the Maunsell Sea Forts. It is not an island, but a man-made structure, similar to an oil rig. The purpose of HM Fort Roughs was to guard the port of Harwich, Essex. It was constructed in the United Kingdom, towed into position and deliberately sunk at {{coor dms|51|53|40|N|1|28|57|E}} on Rough Sands - a sandbar located approximately six miles from the coast of Suffolk and eight miles from the coast of Essex, England.
HM Fort Roughs, also called Roughs Tower, is one of several World War II installations that were designed by [[Guy Maunsell]] and known collectively as His Majesty's Forts or the Maunsell Sea Forts. It is not an island, but a man-made structure, similar to an oil rig. The purpose of HM Fort Roughs was to guard the port of Harwich, Essex. It was constructed in the United Kingdom, towed into position and deliberately sunk at {{coor dms|51|53|40|N|1|28|57|E}} on Rough Sands - a sandbar located approximately six miles from the coast of Suffolk and eight miles from the coast of Essex, England.


In October 1965 Roy Bates gained control of HM Fort John Knox after winning a physical fight over squatters representing the offshore station called Radio City. He wished to use it for radio broadcasting to the UK mainland.
In October 1965 Roy Bates gained control of HM Fort Knock John after winning a physical fight with squatters representing the offshore station called Radio City. He wished to use it for radio broadcasting to the UK mainland.


Roy Bates decided to move his radio equipment from HM Fort John Knox to HM Fort Roughs after he was found guilty in the UK of illegal broadcasting from HM Fort John Knox. However, HM Fort Roughs was occupied by staff representing Ronan O'Rahilly who represented the two Radio Caroline ships which formed a British network. Physical fighting to gain control of HM Fort Roughs lasted until September 1967. Roy Bates and his associates finally physically expelled the existing squatters representing Radio Caroline, and on [[September 2]] [[1967]], he claimed it as his own.
Roy Bates decided to move his radio equipment from HM Fort Knock John to HM Fort Roughs after he was found guilty in the UK of illegal broadcasting from HM Fort Knock John because it was within the 3 mile territorial limit. However, HM Fort Roughs was occupied by staff representing Ronan O'Rahilly who represented the two [[Radio Caroline]] ships which formed a British network. Physical fighting to gain control of HM Fort Roughs lasted until September 1967. Roy Bates and his associates finally physically expelled the existing squatters representing Radio Caroline, and on [[September 2]] [[1967]], he claimed it as his own.


In 1967&ndash;8 Britain's Royal Navy tried to remove Bates. As they entered territorial waters, Bates tried to scare them off by firing warning shots from the former fort. As Bates was a British citizen at the time, he was summoned to court in England following the incident. The court ruled in Bates' favour that Sealand was outside British jurisdiction as it was beyond the three-mile limit of the country's waters. In 1975, Roy of Sealand introduced a constitution, followed by a flag, a national anthem, a currency and passports.
In 1967&ndash;8 Britain's Royal Navy tried to remove Bates. As they entered territorial waters, Bates tried to scare them off by firing warning shots from the former fort. As Bates was a British citizen at the time, he was summoned to court in England following the incident. The court ruled in Bates' favour that Sealand was outside British jurisdiction as it was beyond the three-mile limit of the country's waters.{{fact}} In 1975, Roy of Sealand introduced a constitution, followed by a flag, a national anthem, a currency and passports.


In 1978, Professor [[Alexander G. Achenbach]], then Prime Minister of Sealand (appointed by Bates), attempted a coup. Together with Dutch businessmen, who were on Sealand to discuss a business deal, they kidnapped Michael Bates (Roy's son) and seized control of Roughs Tower. However, they were soon overpowered by mercenaries employed by Roy Bates, and were held as prisoners of war before eventually being released.
In 1978, Professor [[Alexander G. Achenbach]], then Prime Minister of Sealand (appointed by Bates), attempted a coup. Together with Dutch businessmen, who were on Sealand to discuss a business deal, they kidnapped Michael Bates (Roy's son) and seized control of Roughs Tower. However, they were soon overpowered by mercenaries employed by Roy Bates, and were held as prisoners of war before eventually being released.
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==Legal status==
==Legal status==
[[Image:Map of Sealand with territorial waters.svg|thumb|250px|Map of Sealand and the United Kingdom, with territorial water claims of 3&nbsp;[[Nautical mile|nm]] and 12&nbsp;nm shown.]]
[[Image:Map of Sealand with territorial waters.svg|thumb|250px|Map of Sealand and the United Kingdom, with territorial water claims of 3&nbsp;[[Nautical mile|NM]] and 12&nbsp;NM shown.]]


Court rulings in the [[United States]] and [[Germany]] have found that Sealand has no legal status, indicating that the area is part of the internationally recognized maritime territory of the [[United Kingdom]], and that its supposed territory, HM Fort Roughs, has never ceased to be property of the UK Ministry of Defence.
Court rulings in the [[United States]] and [[Germany]] have found that Sealand has no legal status, indicating that the area is part of the internationally recognized maritime territory of the [[United Kingdom]], and that its supposed territory, HM Fort Roughs, has never ceased to be property of the UK Ministry of Defence.


Sealand's claim (i.e., [[Paddy Roy Bates]] and family's claim) is that it is an independent state, based on the following two propositions:
Sealand's claim (i.e., [[Paddy Roy Bates]] and family's claim) is that it is an independent state, based on the following three propositions:


#When [[Paddy Roy Bates]] and his associates occupied Roughs Tower/HM Fort Roughs in 1967 it was located in international waters, outside the jurisdiction of the [[United Kingdom]] and all other sovereign states. Sealand claims ''[[de jure]]'' legitimacy on this basis.
# When [[Paddy Roy Bates]] and his associates occupied Roughs Tower/HM Fort Roughs in 1967 it was located in international waters, outside the jurisdiction of the [[United Kingdom]] and all other sovereign states. Sealand claims ''[[de jure]]'' legitimacy on this basis.
#The interactions of the UK and German governments with Sealand constitute ''[[de facto]]'' recognition. Sealand claims ''de facto'' legitimacy on this basis.
# The interactions of the UK and German governments with Sealand constitute ''[[de facto]]'' recognition. Sealand claims ''[[de facto]]'' legitimacy on this basis.
# That the independence of Sealand from the UK was upheld in a 1968 British court decision in which the judge held that Roughs Tower was in international waters, and therefore was not under the jurisdiction of the UK.<ref>{{cite web | url=http://www.sealandgov.org/history.html | title=Official History of Sealand | publisher=Principality of Sealand | accessmonthday=[[12 January]] | accessyear=[[2007]]}}</ref>


In [[international law]], the two most common schools of thought for the creation of statehood are the [[constitutive theory of statehood|constitutive]] and [[declarative theory of statehood|declarative]] theories of state creation. The constitutive theory was the standard nineteenth century model of statehood, and the declaratory theory was developed in the twentieth century to address shortcomings of the constitutive theory. In the constitutive theory, a state exists exclusively via recognition by other states. The theory splits on whether this recognition requires "diplomatic recognition" or merely "recognition of existence". It is clear that no other state grants Sealand diplomatic recognition, but it has been argued by Bates that negotiations carried out by Germany constituted "recognition of existence". In the declarative theory of statehood, an entity becomes a state as soon as it meets the minimal criteria for statehood, such as those defined by the [[Montevideo Convention]]. This asserts that a defined territory, permanent population, government and the capacity to enter into relationships with other sovereign states are the only foundation requirements for a sovereign state. None of these requirements necessarily has to conform to a certain size or standard, but their general characteristics should be taken into account.
In [[international law]], the two most common schools of thought for the creation of statehood are the [[constitutive theory of statehood|constitutive]] and [[declarative theory of statehood|declarative]] theories. The constitutive theory was the standard 19th-century model of statehood, and the declaratory theory was developed in the 20th century to address shortcomings of the constitutive theory. In the constitutive theory, a state exists exclusively via recognition by other states. The theory splits on whether this recognition requires "diplomatic recognition" or merely "recognition of existence". It is clear that no other state grants Sealand diplomatic recognition, but it has been argued by Bates that negotiations carried out by Germany constituted "recognition of existence". In the declarative theory of statehood, an entity becomes a state as soon as it meets the minimal criteria for statehood, such as those defined by the [[Montevideo Convention]]. This asserts that a defined territory, permanent population, government and the capacity to enter into relationships with other sovereign states are the only foundation requirements for a sovereign state. None of these requirements necessarily has to conform to a certain size or standard, but their general characteristics should be taken into account.


A similar set of criteria for statehood is found in the [[European Community]] [[Sealand#External links|Opinions of the Badinter Arbitration Committee]]. The committee found that a state was defined by having a territory, a population, and a political authority. The committee also found that the existence and disappearance of states was a question of fact, while the recognition by other states was purely declaratory.
A similar set of criteria for statehood is found in the [[European Community]] [[Sealand#External links|Opinions of the Badinter Arbitration Committee]]. The committee found that a state was defined by having a territory, a population, and a political authority. The committee also found that the existence and disappearance of states was a question of fact, while the recognition by other states was purely declaratory.


In 1987 the United Kingdom passed an Act of Parliament to extend its territorial sea to twelve nautical miles (22&nbsp;km), which it had the legal right to do under international law since 1958. These and subsequent laws have dealt with the construction and legal position of [[artificial island]]s. However, as Roughs Tower is actually a sunken ship{{fact}}, some have claimed it is not covered by these rulings{{fact}}. Sealand declared that it, too, was extending its claim of territorial waters to twelve nautical miles at a similar time to the UK.
In 1987 the United Kingdom passed an Act of Parliament to extend its territorial sea to 12 nautical miles (22&nbsp;km), which it had the legal right to do under international law since 1958. These and subsequent laws have dealt with the construction and legal position of [[artificial island]]s. Sealand declared that it, too, was extending its claim of territorial waters to 12 nautical miles a day earlier to the UK.


According to the 1982 [[United Nations Convention on the Law of the Sea]], there is no transitional law and no possibility to consent to the existence of a construction which was previously approved or built by a neighbouring state. This means that artificial islands may no longer be constructed and then claimed as sovereign states, or as state territories, for the purposes of extension of an exclusive economic zone or of territorial waters. However, since Roughs Tower is not an artificial island but a sunken ship, it would be necessary for Her Majesty's Crown Estate (which owns the land itself under the tower) to act as the complainant landlord in order to get the wreck removed from its property. If Sealand is a sunken ship rather than an artificial island then no claim to statehood can be made, as a ship cannot constitute the "permanent" territory required for statehood to be established. What is more, military ships and aircraft are the property of the State that commissioned them.
According to the 1982 [[United Nations Convention on the Law of the Sea]], there is no transitional law and no possibility to consent to the existence of a construction which was previously approved or built by a neighbouring state. This means that artificial islands may no longer be constructed and then claimed as sovereign states, or as state territories, for the purposes of extension of an exclusive economic zone or of territorial waters.


The only prospect for successful assertion of sovereignty would be to show that there was de facto sovereignty prior to 1982.
The only prospect for successful assertion of sovereignty would be to show that there was de facto sovereignty prior to 1982.
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[[Image:Sealand prince.jpeg|thumb|Roy and Joan Bates claimed Sealand as their own in 1967.]]
[[Image:Sealand prince.jpeg|thumb|Roy and Joan Bates claimed Sealand as their own in 1967.]]
Regardless of its legal status, Sealand is managed by the Bates family as though it were a recognised sovereign entity, with themselves as its hereditary [[Royal family|royal]] rulers.
Regardless of its legal status, Sealand is managed by the Bates family as though it were a recognised sovereign entity, with themselves as its hereditary [[Royal family|royal]] rulers.

Roy and Joan Bates have been referred to internally since the foundation of Sealand as "Their Royal Highnesses Prince Roy and Princess Joan of Sealand". Roy Bates is styled "Sovereign", and Joan Bates is sometimes described as being "in joint rule" with him. Their son is known as "His Royal Highness Prince Michael". Michael Bates has been referred to as the "Prince Regent" since 1999. In this role he apparently serves as Sealand's acting "Head of State" and also its "Head of Government". At a [[micronation]]s conference hosted by the [[University of Sunderland]] on [[25 November]], [[2004]], Sealand was represented by Michael Bates' son James, who was referred to as "Prince Royal James".
Roy and Joan Bates have been referred to internally since the foundation of Sealand as "Their Royal Highnesses Prince Roy and Princess Joan of Sealand". Roy Bates is styled "Sovereign", and Joan Bates is sometimes described as being "in joint rule" with him. Their son is known as "His Royal Highness Prince Michael". Michael Bates has been referred to as the "Prince Regent" since 1999. In this role he apparently serves as Sealand's acting "Head of State" and also its "Head of Government". At a [[micronation]]s conference hosted by the [[University of Sunderland]] on [[25 November]], [[2004]], Sealand was represented by Michael Bates' son James, who was referred to as "Prince Royal James".


Sealand's "royals" are all believed to retain UK citizenship, and the family has not been in permanent residence on the Roughs Tower facility since 1999. The facility is now occupied by one or more caretakers representing Michael Bates, who himself lives in [[Leigh on Sea]], in [[Essex]], England. As Sealand is not a recognised country, the Bates family officially travel internationally as British citizens. It has been
Sealand's "royals" are all believed to retain UK citizenship, and the family has not been in permanent residence on the Roughs Tower facility since 1999. The facility is now occupied by one or more caretakers representing Michael Bates, who himself lives in [[Leigh on Sea]], in [[Essex]], England. As Sealand is not a recognised country, the Bates family officially travel internationally as British citizens.
reported that Steven Devito of the United States has bought Sealand for $164,000,000 in 2006. {{fact}}


==Sealand operations==
==Sealand operations==
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Current Sealand government bureaus are the Bureau of [[International relations|External Affairs]], the Bureau of Internal Affairs, and the Bureau of [[Mail|Posts]], [[Telecommunication|Telecomms]] and [[Technology]]. Most of the organs of Sealand's government are apparently either inactive or operate outside of Sealand's territory itself. A Sealand State Corporation was chartered by Roy Bates and charged with the "development of the state" shortly after Sealand's foundation, but its current status and range of activities, if any, are unknown.
Current Sealand government bureaus are the Bureau of [[International relations|External Affairs]], the Bureau of Internal Affairs, and the Bureau of [[Mail|Posts]], [[Telecommunication|Telecomms]] and [[Technology]]. Most of the organs of Sealand's government are apparently either inactive or operate outside of Sealand's territory itself. A Sealand State Corporation was chartered by Roy Bates and charged with the "development of the state" shortly after Sealand's foundation, but its current status and range of activities, if any, are unknown.


In 2000, worldwide publicity was created about Sealand due to the establishment of a new entity called [[HavenCo]], a [[data haven]], which effectively took control of Roughs Tower itself. According to the Sealand official website, no other visitors or activities would be permitted.<ref>The Principality of Sealand (11 February 2002).[http://www.sealandgov.org/notices/pn01702.html Visits to the principality.] Retrieved on 27 July 2006.</ref> The original claim to the right to occupy Roughs Tower was maintained by Michael Bates, whose father Roy has removed himself to a great extent from further daily involvement. However [[Ryan Lackey]], HavenCo's founder, later quit and claimed that Bates had lied to him by keeping the 1990-1991 court case from him and that as a result he had lost the money he had invested in the venture. He stated that his only legal recourse was to sue Roy Bates in a British court of law{{fact}} but to date no action has been taken.
In 2000, worldwide publicity was created about Sealand due to the establishment of a new entity called [[HavenCo]], a [[data haven]], which effectively took control of Roughs Tower itself. According to the Sealand official [http://www.sealandgov.org/ website], no other visitors or activities would be permitted.<ref>The Principality of Sealand (11 February 2002).[http://www.sealandgov.org/notices/pn01702.html Visits to the principality.] Retrieved on 27 July 2006.</ref> The original claim to the right to occupy Roughs Tower was maintained by Michael Bates, whose father Roy has removed himself to a great extent from further daily involvement. However [[Ryan Lackey]], HavenCo's founder, later quit and claimed that Bates had lied to him by keeping the 1990-1991 court case from him and that as a result he had lost the money he had invested in the venture. He stated that his only legal recourse was to sue Roy Bates in a British court of law{{fact}} but to date no action has been taken.


Sealand's legal system is claimed to follow British [[common law]], and statutes take the form of Decrees enacted by the Sovereign.<ref>The Principality of Sealand. [http://www.sealandgov.com/notices.html Statutory notices.] Retrieved on 27 July 2006.</ref>
Sealand's legal system is claimed to follow British [[common law]], and statutes take the form of Decrees enacted by the Sovereign.<ref>The Principality of Sealand. [http://www.sealandgov.com/notices.html Statutory notices.] Retrieved on 27 July 2006.</ref>
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===Mini-golf===
===Mini-golf===


For the past two seasons, Sealand has been represented on the World Mini-golf Tour by Anthony Pope and Peter Emmerson who finished 23rd and 15th respectively in the 2006 World Crazy Golf Championships held in [[Hastings]], United Kingdom. Sealand also scored its first tournament win when Anthony Pope won the Brighton Invitational Competition in August 2006. Success was to be shortlived however, as the team lost its own trophy competition in the following month. The Sealand Invitational Tournament, a [[Ryder Cup]]-style doubles event, was won in a dramatic playoff by Matthew Lelliot and Richard Penfound of Team Brighton.
For the past two seasons, Sealand has been represented on the World [[Miniature golf|Mini-golf]] Tour by Anthony Pope and Peter Emmerson who finished 23rd and 15th respectively in the 2006 World Crazy Golf Championships held in [[Hastings]], United Kingdom. Sealand also scored its first tournament win when Anthony Pope won the Brighton Invitational Competition in August 2006. Success was to be shortlived however, as the team lost its own trophy competition in the following month. The Sealand Invitational Tournament, a [[Ryder Cup]]-style doubles event, was won in a dramatic playoff by Matthew Lelliot and Richard Penfound of Team Brighton.


===Slot car racing===
===Slot car racing===
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The [[Sealand national football team]] is the national football team of Sealand, represented by the Danish team [[Vestbjerg Vintage Idrætsforening]].
The [[Sealand national football team]] is the national football team of Sealand, represented by the Danish team [[Vestbjerg Vintage Idrætsforening]].


On [[30 May]] [[2003]], [[Christian Olsen]] received a letter<ref>http://www.sealandfootball.dk/correspondance.asp</ref> by the personal secretary of Prince Regent [[Michael Bates (Sealand)|Michael Bates]], who appointed his football team, Vestbjerg, to represent the Principality of Sealand. Also contained was a "Declaratio Regius", in which Mikey declared that Vestbjerg was representing Sealand for the [[2003]]-[[2004|04]] season of football.
On [[30 May]] [[2003]], [[Christian Olsen]] received a letter<ref>http://www.sealandfootball.dk/correspondance.asp</ref> by the personal secretary of Prince Regent [[Michael Bates (Sealand)|Michael Bates]], who appointed his football team, Vestbjerg, to represent the Principality of Sealand. Also contained was a "Declaratio Regius", in which Michael declared that Vestbjerg was representing Sealand for the [[2003]]-[[2004|04]] season of football.


On the [[4 March]], [[2004]], in a press release, the Sealand government website claimed the Danish club team of Vestbjerg as its national team, and announced that they had drawn their first match 2-2 against the [[Czech Republic]]. It also stated that there was a match scheduled against the [[Åland Islands national football team|Åland Islands]], but no further reports of this match have been heard.
On the [[4 March]], [[2004]], in a press release, the Sealand government website claimed the Danish club team of Vestbjerg as its national team, and announced that they had drawn their first match 2-2 against the [[Czech Republic]]. It also stated that there was a match scheduled against the [[Åland Islands national football team|Åland Islands]], but no further reports of this match have been heard.
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===Athleta Principalitas===
===Athleta Principalitas===


In January 2003, Darren Blackburn of Canada approached the Sealand Bureau of Internal Affairs, offering himself as an athlete. He was appointed with the title of "Athleta Principalitas", and became Sealand's first official athlete,<ref>http://www.sealandgov.org/notices/pn02104.html</ref> participating in marathon races as the official entry for the Principality.<ref>http://www.darrenblackburn.com/</ref>
In January 2003, Darren Blackburn of Canada approached the Sealand Bureau of Internal Affairs, offering himself as a runner. He was appointed with the title of "Athleta Principalitas", and became Sealand's first official athlete,<ref>http://www.sealandgov.org/notices/pn02104.html</ref> participating in marathon races as the official entry for the Principality.<ref>http://www.darrenblackburn.com/</ref>


==Sealand fire==
==Sealand fire==
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{{current-section}}
{{current-section}}


From 2007 Sealand is available for transfer by Spanish estate company [[InmoNaranja]].<ref>InmoNaranja [http://www.inmonaranja.es/islas.html website]</ref> It is explicitly stated that Sealand is not for sale, as a [[principality]] cannot be sold.<ref>http://www2.noticiasdot.com/publicaciones/2007/0107/0201/noticias020107/noticias020107-1054.htm</ref> A sum of between [[£]]65,000,000 and £504,000,000 ([[United States dollar|$]]977 million, [[€]]750,000,000) is set as the price for the new tenant(s).)<ref>[http://news.bbc.co.uk/1/hi/england/6239967.stm BBC News]</ref><ref>http://www.inmonaranja.es/sealand.html</ref><ref>[http://www.eveningstar.co.uk/content/eveningstar/news/story.aspx?brand=ESTOnline&category=News&tBrand=ESTOnline&tCategory=News&itemid=IPED06%20Jan%202007%2006%3A41%3A18%3A723 Evening Star], [[January 20]] [[2007]].</ref>
From 2007 Sealand is available for transfer by Spanish estate company [[InmoNaranja]].<ref>InmoNaranja [http://www.inmonaranja.es/islas.html website]</ref> It is explicitly stated that Sealand is not for sale, as a [[principality]] cannot be sold.<ref>http://www2.noticiasdot.com/publicaciones/2007/0107/0201/noticias020107/noticias020107-1054.htm</ref> A sum of between [[£]]65,000,000 and £504,000,000 ([[United States dollar|US$]]977 million, [[€]]750,000,000) is set as the price for the new tenant(s).<ref>[http://news.bbc.co.uk/1/hi/england/6239967.stm BBC News]</ref><ref>http://www.inmonaranja.es/sealand.html</ref><ref>[http://www.eveningstar.co.uk/content/eveningstar/news/story.aspx?brand=ESTOnline&category=News&tBrand=ESTOnline&tCategory=News&itemid=IPED06%20Jan%202007%2006%3A41%3A18%3A723 Evening Star], [[January 20]] [[2007]].</ref>
Offers of "eight digits or over" are being solicited.<ref>http://www.smh.com.au/news/world/for-sale-worlds-smallest-country/2007/01/08/1168104905597.html For sale, World's smallest country</ref>
Offers of "eight digits or over" are being solicited<ref>http://www.smh.com.au/news/world/for-sale-worlds-smallest-country/2007/01/08/1168104905597.html For sale, World's smallest country</ref>.


==See also==
==See also==
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*[http://www.sealandgov.org/ Official website]
*[http://www.sealandgov.org/ Official website]
*[http://www.fruitsofthesea.demon.co.uk/sealand/ Archival Sealand website]
*[http://www.fruitsofthesea.demon.co.uk/sealand/ Archival Sealand website]
*[http://www.churchandeast.co.uk/Sealand.htm Church and East Ltd] - Responsible for the renovations of Sealand.
*[http://www.xtrasi.co.uk/index.asp?show=sealandvideos Video footage from Sealand] - Winter 2006
*[http://www.xtrasi.co.uk/index.asp?show=sealand Xtrasi.co.uk] - Details on maintence trips since the sealand fire.
*[http://www.xtrasi.co.uk/index.asp?show=sealandvideos Video footage from Sealand] - Winter 2006, by Xtrasi.co.uk
*[http://www.principality-of-sealand.org/welcome_e.html Website of Rebel Sealand Government]
*[http://www.principality-of-sealand.org/welcome_e.html Website of Rebel Sealand Government]
*[http://www.fotw.net/flags/gb!seald.html Flags of the World (FOTW)] Principality flag, standard, and coat of arms.
*[http://www.fotw.net/flags/gb!seald.html Flags of the World (FOTW)] Principality flag, standard, and coat of arms.
*[http://www.toddbutler.com/sealand.html National Anthem Lyrics] (Satirical "National Anthem" by Todd Butler)
*[http://www.toddbutler.com/sealand.html National Anthem Lyrics] (Satirical "National Anthem" by Todd Butler)
*[http://david.national-anthems.net/sea.htm National Anthem MIDI]
*[http://david.national-anthems.net/sea.htm National Anthem MIDI]
*[http://ma.gnolia.com/groups/Sealand Sealand on Ma.gnolia] Social-Bookmarking group for links related to the Principality of Sealand.
*[http://www.seanhastings.com/havenco/sealand/judgement.html Alleged transcript of the 1968 UK court case]
*[http://www.seanhastings.com/havenco/sealand/judgement.html Alleged transcript of the 1968 UK court case]
*[http://www.imperial-collection.net/sealand03.html Coins of Sealand] - Complete catalogue of coins minted by Sealand.
*[http://www.imperial-collection.net/sealand03.html Coins of Sealand] - Complete catalogue of coins minted by Sealand.
*[http://www.metahaven.net/ Meta Haven: Sealand Identity Project]
*[http://freespace.virgin.net/line.design/forts/sea_forts.htm The Sea Forts] - The history of Britain's World War II sea fortresses and their later use by 1960s pirate radio broadcasters.
*[http://sealandgov-london-uk.0catch.com/iindex.htm HMS Roughs] - A skeptical legal analysis of Sealand.
*{{imdb title|id=0438973|title=Sealand Movie}} - page for a forthcoming film about Sealand.
*{{imdb title|id=0438973|title=Sealand Movie}} - page for a forthcoming film about Sealand.
*[http://kim.nyclondon.com/sealand.html Sealand & Havenco Photo Gallery] - More Photos inside and out.
*[http://www.citizensrequired.com/lmg/ga_sealand/sealand.shtml Sealand, A Brief History] - [[Danny Wallace (writer)|Danny Wallace]]'s account of how Sealand inspired him to declare his flat independent from the United Kingdom
*[http://www.citizensrequired.com/lmg/ga_sealand/sealand.shtml Sealand, A Brief History] - [[Danny Wallace (writer)|Danny Wallace]]'s account of how Sealand inspired him to declare his flat independent from the United Kingdom
*[http://www.uniset.ca/naty/80ILR683.htm Sealand statehood and nationality case] &ndash; Administrative Court of Cologne, Germany, [[May 3]], [[1978]]
*[http://www.sealandfilm.com Framed Nation Films] - "E Mare Libertas" Sealand Documentary Film
*[http://www.darrenblackburn.com Darren Blackburn Website] - Official website of Darren Blackburn - Sealand's first and only "official athlete"
*[http://www.londonphotos.org/archives/blast_from_the_notsodistant_past_sealand.html "Sealand: Wish You Were Here?"] - Photographs and article by Kim Gilmour, ''Internet Magazine,'' August 2002
*[http://www.timesonline.co.uk/article/0,,2-1905641,00.html Country's passports are for sale] - Article from [[The Times]] about legality of Sealand ([[December 6]], [[2005]])
*[http://www.timesonline.co.uk/article/0,,2-1905641,00.html Country's passports are for sale] - Article from [[The Times]] about legality of Sealand ([[December 6]], [[2005]])

*[http://www.ejil.org/journal/Vol3/No1/art13.html Opinions of the Badinter Arbitration Committee] at the ''European Journal of International Law''
*[http://news.bbc.co.uk/1/hi/england/5110244.stm Blaze at offshore military fort ([[23 June]] [[2006]])]
*[http://www.bobleroi.co.uk/ScrapBook/Sealand_Fire/Sealand_Fire.html Collection of reports on Sealand Fire from Bob Le Roi]
*''[http://smallworldpodcast.com/?p=540 Interview with H. Geoffrey Withers, Principal Secretary of Sealand.]'' - [http://smallworldpodcast.com small WORLD Podcast] 2006
*[http://www.msnbc.msn.com/id/16528424/ MSN ARTICLE]


{{Sealand}}
{{Sealand}}

Revision as of 00:36, 14 January 2007

For other uses, see Principality of Sealand (disambiguation).

Template:Sealand table The Principality of Sealand is a man-made off-shore installation named HM Fort Roughs, a former Maunsell Sea Fort located in the North Sea 10 kilometres (six miles) off the coast of Suffolk, England, as well as territorial waters in a twelve-nautical-mile radius.

Since 1967, the population of Sealand has consisted of the associates and family members of Paddy Roy Bates, a former radio broadcaster and former British Army Major. Critics, as well as court rulings in the United States and in Germany, have claimed that Roughs Tower has always remained the property of the United Kingdom, a view that is disputed by the Bates family. The population of the facility rarely exceeds ten, and its area is 5920 sq. ft.

Sealand's claims to sovereignty and legitimacy are not recognised by any country, yet it is sometimes cited[1] in debates as an interesting case study of how various principles of international law can be applied to a territorial dispute.

History

Sinking of fort.

HM Fort Roughs, also called Roughs Tower, is one of several World War II installations that were designed by Guy Maunsell and known collectively as His Majesty's Forts or the Maunsell Sea Forts. It is not an island, but a man-made structure, similar to an oil rig. The purpose of HM Fort Roughs was to guard the port of Harwich, Essex. It was constructed in the United Kingdom, towed into position and deliberately sunk at 51°53′40″N 1°28′57″E / 51.89444°N 1.48250°E / 51.89444; 1.48250 on Rough Sands - a sandbar located approximately six miles from the coast of Suffolk and eight miles from the coast of Essex, England.

In October 1965 Roy Bates gained control of HM Fort Knock John after winning a physical fight with squatters representing the offshore station called Radio City. He wished to use it for radio broadcasting to the UK mainland.

Roy Bates decided to move his radio equipment from HM Fort Knock John to HM Fort Roughs after he was found guilty in the UK of illegal broadcasting from HM Fort Knock John because it was within the 3 mile territorial limit. However, HM Fort Roughs was occupied by staff representing Ronan O'Rahilly who represented the two Radio Caroline ships which formed a British network. Physical fighting to gain control of HM Fort Roughs lasted until September 1967. Roy Bates and his associates finally physically expelled the existing squatters representing Radio Caroline, and on September 2 1967, he claimed it as his own.

In 1967–8 Britain's Royal Navy tried to remove Bates. As they entered territorial waters, Bates tried to scare them off by firing warning shots from the former fort. As Bates was a British citizen at the time, he was summoned to court in England following the incident. The court ruled in Bates' favour that Sealand was outside British jurisdiction as it was beyond the three-mile limit of the country's waters.[citation needed] In 1975, Roy of Sealand introduced a constitution, followed by a flag, a national anthem, a currency and passports.

In 1978, Professor Alexander G. Achenbach, then Prime Minister of Sealand (appointed by Bates), attempted a coup. Together with Dutch businessmen, who were on Sealand to discuss a business deal, they kidnapped Michael Bates (Roy's son) and seized control of Roughs Tower. However, they were soon overpowered by mercenaries employed by Roy Bates, and were held as prisoners of war before eventually being released.

In early 2007 Sealand was offered for sale.[2] As a principality cannot technically be sold, Sealand's current "owners" plan to "transfer" custodianship.[3][4][5]

Map of Sealand and the United Kingdom, with territorial water claims of 3 NM and 12 NM shown.

Court rulings in the United States and Germany have found that Sealand has no legal status, indicating that the area is part of the internationally recognized maritime territory of the United Kingdom, and that its supposed territory, HM Fort Roughs, has never ceased to be property of the UK Ministry of Defence.

Sealand's claim (i.e., Paddy Roy Bates and family's claim) is that it is an independent state, based on the following three propositions:

  1. When Paddy Roy Bates and his associates occupied Roughs Tower/HM Fort Roughs in 1967 it was located in international waters, outside the jurisdiction of the United Kingdom and all other sovereign states. Sealand claims de jure legitimacy on this basis.
  2. The interactions of the UK and German governments with Sealand constitute de facto recognition. Sealand claims de facto legitimacy on this basis.
  3. That the independence of Sealand from the UK was upheld in a 1968 British court decision in which the judge held that Roughs Tower was in international waters, and therefore was not under the jurisdiction of the UK.[6]

In international law, the two most common schools of thought for the creation of statehood are the constitutive and declarative theories. The constitutive theory was the standard 19th-century model of statehood, and the declaratory theory was developed in the 20th century to address shortcomings of the constitutive theory. In the constitutive theory, a state exists exclusively via recognition by other states. The theory splits on whether this recognition requires "diplomatic recognition" or merely "recognition of existence". It is clear that no other state grants Sealand diplomatic recognition, but it has been argued by Bates that negotiations carried out by Germany constituted "recognition of existence". In the declarative theory of statehood, an entity becomes a state as soon as it meets the minimal criteria for statehood, such as those defined by the Montevideo Convention. This asserts that a defined territory, permanent population, government and the capacity to enter into relationships with other sovereign states are the only foundation requirements for a sovereign state. None of these requirements necessarily has to conform to a certain size or standard, but their general characteristics should be taken into account.

A similar set of criteria for statehood is found in the European Community Opinions of the Badinter Arbitration Committee. The committee found that a state was defined by having a territory, a population, and a political authority. The committee also found that the existence and disappearance of states was a question of fact, while the recognition by other states was purely declaratory.

In 1987 the United Kingdom passed an Act of Parliament to extend its territorial sea to 12 nautical miles (22 km), which it had the legal right to do under international law since 1958. These and subsequent laws have dealt with the construction and legal position of artificial islands. Sealand declared that it, too, was extending its claim of territorial waters to 12 nautical miles a day earlier to the UK.

According to the 1982 United Nations Convention on the Law of the Sea, there is no transitional law and no possibility to consent to the existence of a construction which was previously approved or built by a neighbouring state. This means that artificial islands may no longer be constructed and then claimed as sovereign states, or as state territories, for the purposes of extension of an exclusive economic zone or of territorial waters.

The only prospect for successful assertion of sovereignty would be to show that there was de facto sovereignty prior to 1982.

Although the UK has publicly asserted its authority over Roughs Tower,[7] it appears to be government policy to refrain from comment or action except when forced. British Government documents, now available to the public under the 30-year expiry of confidentiality, show that the UK drafted plans to take the tower by force, but such plans were not implemented by the then Prime Minister due to the potential for loss of life, and the creation of a legal and public relations disaster.

In 1978 a German court ruled that Sealand was not a valid nation: "A man-made artificial platform, such as the so-called Duchy of Sealand, cannot be called either 'a part of the earth's surface' or 'land territory' and only structures which make use of a specific piece of the earth's surface can be recognised as State territory within the meaning of international law." (In re Duchy of Sealand (1978) 80 ILR 683, 685 (Administrative Court of Cologne))

In 1990 a US Administrative Court also ruled that Sealand was not a valid sovereign nation, following evidence from James Murphy of the Department of Trade and Industry. On appeal in 1991 the decision that the state called Sealand does not exist, and has not ever existed, was upheld by a US Federal Court.

On December 6, 2005, The Times claimed that the British government and courts had finally admitted that Sealand "is outside British national territory [...] and not part of the United Kingdom"; however The Times did not elaborate and there has been no confirmation by other sources.[8]

The Bates family

File:Sealand prince.jpeg
Roy and Joan Bates claimed Sealand as their own in 1967.

Regardless of its legal status, Sealand is managed by the Bates family as though it were a recognised sovereign entity, with themselves as its hereditary royal rulers.

Roy and Joan Bates have been referred to internally since the foundation of Sealand as "Their Royal Highnesses Prince Roy and Princess Joan of Sealand". Roy Bates is styled "Sovereign", and Joan Bates is sometimes described as being "in joint rule" with him. Their son is known as "His Royal Highness Prince Michael". Michael Bates has been referred to as the "Prince Regent" since 1999. In this role he apparently serves as Sealand's acting "Head of State" and also its "Head of Government". At a micronations conference hosted by the University of Sunderland on 25 November, 2004, Sealand was represented by Michael Bates' son James, who was referred to as "Prince Royal James".

Sealand's "royals" are all believed to retain UK citizenship, and the family has not been in permanent residence on the Roughs Tower facility since 1999. The facility is now occupied by one or more caretakers representing Michael Bates, who himself lives in Leigh on Sea, in Essex, England. As Sealand is not a recognised country, the Bates family officially travel internationally as British citizens.

Sealand operations

Sealand possesses a constitution, instituted in 1974[2], which consists of a preamble and seven articles. The preamble asserts Sealand's independence, while the articles variously deal with Sealand's status as a constitutional monarchy, the empowerment of government bureaus, the role of an appointed, advisory Senate, the functions of an appointed, advisory legal tribunal, a proscription against the bearing of arms except by members of a designated "Sealand Guard," the exclusive right of the sovereign to formulate foreign policy and alter the constitution, and the hereditary patrilinear succession of the monarchy.

Current Sealand government bureaus are the Bureau of External Affairs, the Bureau of Internal Affairs, and the Bureau of Posts, Telecomms and Technology. Most of the organs of Sealand's government are apparently either inactive or operate outside of Sealand's territory itself. A Sealand State Corporation was chartered by Roy Bates and charged with the "development of the state" shortly after Sealand's foundation, but its current status and range of activities, if any, are unknown.

In 2000, worldwide publicity was created about Sealand due to the establishment of a new entity called HavenCo, a data haven, which effectively took control of Roughs Tower itself. According to the Sealand official website, no other visitors or activities would be permitted.[9] The original claim to the right to occupy Roughs Tower was maintained by Michael Bates, whose father Roy has removed himself to a great extent from further daily involvement. However Ryan Lackey, HavenCo's founder, later quit and claimed that Bates had lied to him by keeping the 1990-1991 court case from him and that as a result he had lost the money he had invested in the venture. He stated that his only legal recourse was to sue Roy Bates in a British court of law[citation needed] but to date no action has been taken.

Sealand's legal system is claimed to follow British common law, and statutes take the form of Decrees enacted by the Sovereign.[10]

In 2003, Sealand appointed its first official athlete: Darren Blackburn of Oakville, Ontario, Canada. Blackburn has represented the Principality—apparently in a tongue-in-cheek manner—at a number of local sporting events, including marathons and off-trail races.

Postal service and stamps

Sealand first issued postage stamps in 1969, when a helicopter service was instituted to carry mail between Roughs Tower and Brussels, Belgium. A significant volume of mail carrying Sealand stamps and postmarks was accepted without surcharge and passed by Belgian postal authorities into the international postal system at that time.[citation needed]

Although few stamp issues have been made since the early 1970s, Sealand postage stamps and postal cancellations continue to be used on most if not all mail from the principality, although the actual volume of such mail is small.

The official policy of the United Kingdom's Royal Mail is to stamp envelopes not bearing UK stamps with a 'revenue protection' cancellation, meaning that postal carriage charges may be claimed from the recipient – although recent examples exist of mail bearing Sealand stamps and cancellations, to the exclusion of all others, being transmitted through the international postal system.[citation needed]

Sealand is not a member of the Universal Postal Union, which regulates the sending of mail between countries, and its address is in what it claims is a foreign country. The address publicised by Sealand as its postal address is: 'Sealand 1001; Sealand Post Bag, IP11 9SZ, UK'. The Royal Mail postcode is the one for Felixstowe near Ipswich, and the Royal Mail website gives the following standardised address: 'Sealand Fort, PO Box 3, FELIXSTOWE, IP11 9SZ, UK'.

According to the Cinderella Stamp Club (UK), Sealand's stamps are classified as "locals"; such stamps are valid for the carriage of mail between a location that lacks a regular postal service, and a location from which the onward transmission of such mail occurs.

Coins

Sealand has declared its currency to be the "Sealand Dollar", which it deems to be at parity with the U.S. dollar. Several dozen different coins have been minted since 1972 in various units of this currency. Given Sealand's limited population, physical inaccessibility and lack of a real economy it is unlikely that these coins were ever intended for use as circulating currency. Most were produced in precious metals, which have appealed to investors and coin collectors. In the early 1990s, Achenbach's German group also produced a coin, featuring a likeness of Prime Minister Seiger.

Sports and activities

Mini-golf

For the past two seasons, Sealand has been represented on the World Mini-golf Tour by Anthony Pope and Peter Emmerson who finished 23rd and 15th respectively in the 2006 World Crazy Golf Championships held in Hastings, United Kingdom. Sealand also scored its first tournament win when Anthony Pope won the Brighton Invitational Competition in August 2006. Success was to be shortlived however, as the team lost its own trophy competition in the following month. The Sealand Invitational Tournament, a Ryder Cup-style doubles event, was won in a dramatic playoff by Matthew Lelliot and Richard Penfound of Team Brighton.

Slot car racing

In 2006, for the first time Sealand was represented in the field of slot car racing. The team entered the 24 Le Mans racing in Derby, held by the Derby HO Racing Club.[11] Eight competitors lined up for the Principality and at the end of the of the 24 hours they finished 7th with a record of 4,523 laps or 199.877 miles.

Football

The Sealand national football team is the national football team of Sealand, represented by the Danish team Vestbjerg Vintage Idrætsforening.

On 30 May 2003, Christian Olsen received a letter[12] by the personal secretary of Prince Regent Michael Bates, who appointed his football team, Vestbjerg, to represent the Principality of Sealand. Also contained was a "Declaratio Regius", in which Michael declared that Vestbjerg was representing Sealand for the 2003-04 season of football.

On the 4 March, 2004, in a press release, the Sealand government website claimed the Danish club team of Vestbjerg as its national team, and announced that they had drawn their first match 2-2 against the Czech Republic. It also stated that there was a match scheduled against the Åland Islands, but no further reports of this match have been heard.

A later report from 1 November, 2004 stated that Sealand had completed a season of football and were going to play again next season. The report also indicated that they were trying to arrange a match against Tibet. No further news about the match has been heard since.

According to FIFI Wildcup website, the Northern Cyprus national football team beat Sealand 6-1, but it doesn't give any further details.[13]

Athleta Principalitas

In January 2003, Darren Blackburn of Canada approached the Sealand Bureau of Internal Affairs, offering himself as a runner. He was appointed with the title of "Athleta Principalitas", and became Sealand's first official athlete,[14] participating in marathon races as the official entry for the Principality.[15]

Sealand fire

Sealand several months after the fire.

On Friday afternoon of the 23 June 2006, the top platform of Sealand caught alight due to an electrical fire. Harwich off-shore lifeboat was tasked with the report of one person injured in the fire. An RAF rescue helicopter transferred the person to Ipswich hospital, directly from the tower. The Harwich Lifeboat stood by the Roughs Tower until a local fire tug extinguished the fire.[16].

The fire renovations are managed by Church and East Ltd.[17] The company writes regular reports and has displayed photos of its progress. A member of the renovation team keeps his personal records of the works on his website.[18]

As of November 2006, the restoration is complete, with no signs of the fire remaining.[19]

Sealand transfer

From 2007 Sealand is available for transfer by Spanish estate company InmoNaranja.[20] It is explicitly stated that Sealand is not for sale, as a principality cannot be sold.[21] A sum of between £65,000,000 and £504,000,000 (US$977 million, €750,000,000) is set as the price for the new tenant(s).[22][23][24] Offers of "eight digits or over" are being solicited[25].

See also

  • HavenCo - the data haven company operating from Sealand
  • InmoNaranja - Spanish estate agent that is handling the Sealand transfer

References

  1. ^ du Pont, George F. (2001) The Time Has Come for Limited Liability for Operators of True Anonymity Remailers in Cyberspace: An Examination of the Possibilities and Perils 6 J. Tech L. & Poly 3 (2001).
  2. ^ a b "Tiny North Sea tax haven for sale," AFP
  3. ^ http://www.boingboing.net/2007/01/03/report_sealand_is_fo.html
  4. ^ http://babelfish.altavista.com/babelfish/trurl_pagecontent?lp=es_en&trurl=http%3a%2f%2fwww.inmobiliarianaranja.es%2fsealand.html
  5. ^ http://www.news.com.au/story/0,23599,21026372-1702,00.html
  6. ^ "Official History of Sealand". Principality of Sealand. {{cite web}}: Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  7. ^ Ward, Mark (2000-06-05). "Offshore and offline?". BBC News Online. {{cite web}}: Check date values in: |date= (help); Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  8. ^ "Country's passports are for sale". Times Online. 2005-12-06. {{cite web}}: Check date values in: |date= (help); Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  9. ^ The Principality of Sealand (11 February 2002).Visits to the principality. Retrieved on 27 July 2006.
  10. ^ The Principality of Sealand. Statutory notices. Retrieved on 27 July 2006.
  11. ^ http://www.dhorc.freeserve.co.uk/
  12. ^ http://www.sealandfootball.dk/correspondance.asp
  13. ^ "Wild-Card Team: Türkische Republik Nordzypern heißester Kandidat". FIFI Wildcup. 19 May, 2006. Retrieved 2007-01-10. {{cite news}}: Check date values in: |date= (help)
  14. ^ http://www.sealandgov.org/notices/pn02104.html
  15. ^ http://www.darrenblackburn.com/
  16. ^ Bob Le-Roi. "Sealand on Fire".
  17. ^ http://www.churchandeast.co.uk/Sealand.htm
  18. ^ Xtrasi.co.uk
  19. ^ http://www.churchandeast.co.uk/Sealand%20update%204.html
  20. ^ InmoNaranja website
  21. ^ http://www2.noticiasdot.com/publicaciones/2007/0107/0201/noticias020107/noticias020107-1054.htm
  22. ^ BBC News
  23. ^ http://www.inmonaranja.es/sealand.html
  24. ^ Evening Star, January 20 2007.
  25. ^ http://www.smh.com.au/news/world/for-sale-worlds-smallest-country/2007/01/08/1168104905597.html For sale, World's smallest country

Bibliography

Wikinews has related news:
Wikimedia Commons has media related to Sealand.


51°53′40″N 1°28′57″E / 51.89444°N 1.48250°E / 51.89444; 1.48250

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