John Marshall Harlan II

“ Thus, if 10 years from now the definitions of the Convention were amended, California would say that the extent of the Submerged Lands Act grant would automatically shift, at least if the effect of such amendment were to enlarge the extent of submerged lands available to the States. We reject this open-ended view of the Act for several reasons. Before today's decision no one could say with assurance where lay the line of inland waters as contemplated by the Act ”

“ California argues, alternatively to its claim that 'inland waters' embraces all ocean areas lying within a State's historic seaward boundaries, that if Congress intended 'inland waters' to be judicially defined in accordance with international usage, such definition should possess an ambulatory quality so as to encompass future changes in international law or practice. ”

“ California claims that virtually all the waters here in dispute are historic inland waters as the term is internationally understood. It relies primarily on an interpretation of its State Constitution to the effect that the state boundaries run three miles outside the islands and bays, [44] plus several court decisions which so interpret it as applied to Monterey, Santa Monica, and San Pedro Bays. [45] The United States counters that, as with straight base lines, California can maintain no claim to historic inland waters unless the claim is endorsed by the United States. ”

“ The semicircle test requires that a bay must comprise at least as much water area within its closing line as would be contained in a semicircle with a diameter equal to the length of the closing line. Unquestionably the 24-mile closing line together with the semicircle test now represents the position of the United States. ”

“ The parties, or either of them, may, before September 1, 1965, submit a proposed decree to carry this opinion into effect, failing which the Court will prepare and enter an appropriate decree at the next Term of Court.
It is so ordered. ”

“ In response to substantial objections made in the hearings to the original bill's broad definition of inland waters on grounds that it would prejudice and limit the position which the United States could take in its future conduct of foreign affairs, [12] Senator Cordon, the manager of the bill, recommended and obtained elimination of the definition. ”

“ Brief for the United States in Answer to California's Exceptions 148.↑ The full text of Article 7 is as follows:↑ The parties stated that Crescent City Bay is no longer an area in dispute.↑ The United States asserts that 'international law recognizes no principle of 'fictitious bays." We find it unnecessary to decide that question. ”