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Principality of Sealand

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For other meanings, see Sealand (disambiguation).

The Principality of Sealand is a micronation [citation needed], a self-proclaimed state, located entirely within the maritime territory of the United Kingdom. Sealand claims as its territory the off-shore installation of Roughs Tower/HM Fort Roughs, a former Maunsell Sea Fort located in the North Sea 10 km (six miles) off the coast of Suffolk, England, at 51°53′40″N 1°28′57″E / 51.89444°N 1.48250°E / 51.89444; 1.48250, as well as territorial waters in a twelve-nautical-mile radius.

Roughs Tower/HM Fort Roughs has been occupied by associates and family members of Paddy Roy Bates since 1967, when they came to Roughs Tower/HM Fort Roughs as pirate radio squatters, pushing out earlier pirate radio squatters by force. Roughs Tower/HM Fort Roughs is internationally recognised as having always remained property of HM Government.

Paddy Roy Bates styles himself H.R.H. Prince Roy of Sealand.

The population of the facility rarely exceeds ten, and its inhabitable area is 550 m².

Although Sealand's claims to sovereignty and legitimacy are not recognized by any country, 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

Roughs Tower(it's really, really shite and gay), properly called HM Fort Roughs, 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 actual island, artificial or otherwise, 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 is located at 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.

Roughs Tower/HM Fort Roughs has been occupied by associates and family members of Paddy Roy Bates since 1967, when they came to Roughs Tower as pirate radio squatters, pushing out earlier pirate radio squatters by force. In the eyes of the UK government, HM Fort Roughs is internationally recognised as having always remained property of the British state.

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

Roy Bates decided to move his pirate radio equipment from HM Fort Knock John to HM Fort Roughs after he was found guilty 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.

As far as the UK and the international community is concerned, HM Fort Roughs is the property of the UK's Ministry of Defence, while the seabed beneath it is the property of the Crown Estates. Roy Bates' claim of ownership is based on physically removing squatters and then remaining as a squatter himself.

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

The status of the Principality of Sealand in the eyes of every legal system on earth is that it does not exist. This has been confirmed by the courts of those countries whose courts have been asked to give an opinion. The supposed state of Sealand is entirely contained within the internationally recognised maritime territory of the United Kingdom, and its supposed territory, HM Fort Roughs, has never ceased to be property of the Ministry of Defence.

Sealand's claim (i.e. Paddy Roy Bates & family's claim) is that it is an independent state, based on the following two 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 government with Sealand constitute de facto recognition. Sealand claims de facto legitimacy on this basis.

In international law, the two most common schools of thought for the creation of statehood are the constitutive and declaratory 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 declaratory theory of statehood, an entity becomes a state as soon as it meets the minimal criteria for statehood. Recognition by other states is purely "declaratory".

One set of criteria for statehood under international law is 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 twelve 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. However, as Roughs Tower is actually a sunken ship, some [citation needed] have claimed it is not covered by these rulings. Sealand declared that it, too, was extending its claim of territorial waters to twelve nautical miles at a similar time 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.

The only prospect for successful assertion of sovereignty would be to show that there was de facto sovereignty prior to 1968.

Although the UK has publicly asserted its authority over Roughs Tower,[2] 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 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.[3]

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, England. As Sealand is not a recognised country, the Bates family officially travel internationally as British citizens.

Sealand operations

Sealand possesses a simple constitution, instituted in 1995, 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.[4] 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.[5]

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

File:Sealand metahaven stamp005-1-.jpg
A Sealand Stamp

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 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.

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.

Sealand Mini Golf Team

For the past two seasons, Sealand have been represented on the world mini-golf Tour by Anthony Pope & Peter Emmerson who finished 23rd & 15th respectively in this years 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.

Sealand National Football Team

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 [1] 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 Czechia. 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 the 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. The report is dated 19 May, 2006.

Sealand 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. A 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. Full details on the fire can be found at this website.

Since the fire renovations have begun and are managed by Church and East Ltd. The company writes regular reports and has displays photos of the progress of the works. A member of the renovation team also keeps his own personal records of the works on his personal website Xtrasi.co.uk

See also

  • HavenCo - the data haven company operating from Sealand

Notes

  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. ^ 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)
  3. ^ "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)
  4. ^ The Principality of Sealand (11 February 2002).Visits to the principality. Retrieved on 27 July 2006.
  5. ^ The Principality of Sealand. Statutory notices. Retrieved on 27 July 2006.

References

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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