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This is an old revision of this page, as edited by MPLX (talk | contribs) at 17:51, 17 December 2004 (→What is known as of December 2004). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

For other meanings see Sealand (disambiguation).

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The Principality of Sealand claims to be an independent sovereign principality which its supporters in cyberspace have classified as a micronation. It is not recognized by any of the constituent nations of the United Nations. If it ever were, it would be by far the smallest country on earth. It has a population that rarely exceeds five, and an inhabitable area of some 550 m².

Sealand occupies a structure that was created when a purpose-built World War II-era Royal Navy barge was towed to a position above Rough Sands sandbar in the North Sea and had its hold intentionally flooded. It is sited six miles (10 km) off the coast of Suffolk, England at 51°53'40"N, 1°28'57"E, and has been occupied since 1967 by family members of Paddy Roy Bates and their associates. See Legal history of Sealand.

History from 1967

In 1968, Michael Bates was summoned to court as a result of an incident during which shots were fired at a British navy vessel in the vicinity of Sealand. According to some reports the vessel's occupants were intending to evict Bates from the fortress, while others state that they were simply attempting to repair a nearby navigation buoy.

In delivering its decision on November 25, 1968, the court stated that the matter was outside its jurisdiction since it occurred outside British territory. It has been alleged that "Agencies of the UK government subsequently pursued Bates and the occupants of Sealand with a series of litigations involving payment of social security taxes, television licensing, and other levies, but courts consistently ruled that Sealand was not a part of the United Kingdom." However, no court records have been produced to support such allegations.

After taking legal advice, Bates declared the fortress to be an independent state, named it Sealand, and declared himself and his wife, Joan Bates, to be its sovereign rulers.

In 1978, while Bates was away, the "Prime Minister" he had appointed, Professor Alexander G. Achenbach and several Dutch citizens staged a coup d'état, forcibly taking over Roughs Tower and holding his son, Michael, captive, before releasing him several days later in the Netherlands.

Bates thereupon enlisted armed assistance and, in a helicopter assault, retook the fortress. He then held the invaders captive, claiming them as prisoners of war. The Dutch participants in the invasion were repatriated at the cessation of the "war"; in contrast, Achenbach, a German citizen, was charged with treason against Sealand and imprisoned indefinitely. The governments of the Netherlands and Germany petitioned the British government for his release, but the United Kingdom disavowed all responsibility, citing the 1968 court decision.

Germany then sent a diplomat to Roughs Tower to negotiate for Achenbach's release, and after several weeks Roy Bates relented – subsequently claiming that the diplomat's visit constituted de facto recognition of Sealand by Germany. Germany has not confirmed this interpretation.

Following his repatriation Professor Achenbach established an "exile" government in Germany, in opposition to Roy Bates, assuming the title of "Chairman of the Privy Council". Upon Achenbach's resignation for health reasons in August 1989, the rebel government's "Minister for Economic Co-operation", Johannes Seiger assumed control, with the position of "Prime Minister and Chairman of the Privy Council". Seiger continues to claim that he is Sealand's legitimate ruling authority.

For a period, Sealand passports were mass manufactured and widely sold (mostly to eastern Europeans) by a Spanish-based group believed to be associated with the Seiger "exile government". These passports, which were not authorised by the Bates family, were involved in several high-profile crimes, including the murder of Gianni Versace. Due to the massive quantity in circulation (estimated at 150,000), in 1997 the Bates family revoked all of the Sealand passports that they themselves had issued in the previous thirty years.

Claims made by and for Roy Bates

Sealand's claim that it is an independent state is founded on the following two propositions:

1. That when Paddy Roy Bates and his associates occupied the abandoned Roughs Tower 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. That the actions of the UK government, and of other governments – specifically the government of Germany – in their interactions with Sealand constitute de facto recognition. Sealand claims de facto legitimacy on this basis.

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. As these criteria are commonly understood, a "permanent population" does not entail a population of any specific size, however, the character of that population is generally taken into account. Similar arguments apply with respect to the other three Montevideo Convention criteria – although it is unclear if man-made structures can, or were ever intended to constitute territory under the Convention's terms.

An alternative legal argument against the statehood of Sealand exists in the constitutive theory – a theory widely, but not universally accepted in international law. This states, contrary to the Montevideo Convention, that recognition by other states is a condition for statehood. Since no other state explicitly recognises the existence of the Principality of Sealand, Sealand is not a state under this theory's criteria.

Constitutive theory involves "recognition of existence" as opposed to "diplomatic recognition". For example, until recently Libya was not recognised diplomatically by the UK, but was acknowledged to exist, because the UK government undertook special measures to protect its citizens in that state and did not accept that any other state had sovereignty over the territory administered by Libya.

Since the 1968 UK court decision, the United Kingdom has extended its territorial sea to twelve nautical miles (22 km), in accordance with the 1982 United Nations Convention on the Law of the Sea. Sealand has also claimed the waters surrounding Roughs Tower , and has physically defended this claim on at least one occasion: In an incident in 1990, Roy Bates fired upon the Royal Maritime Auxiliary vessel Golden Eye. The vessel believed itself to be under attack, radioed the Thames Coastguard to that effect, and withdrew.

Although the UK has publicly asserted its authority over Roughs Tower , 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 expiration of confidentiality, show that the UK drafted plans to retake the fortress, but such plans were not implemented by then Prime Minister due to the potential for loss of life, and a concomitant anticipated legal and public relations disaster.

What is known as of December 2004

Despite passing highly restrictive legislation such as the Regulation of Investigatory Powers Act, it has been previously suggested that the UK Government has apparently not attempted to regulate communications or require records from computer servers located on Sealand. This suggestion is totally untrue. Data transfer from Sealand has to be sent by the slow method of satellite link to a member country of the United Nations where data is then inspected according to the laws of that country - because Sealand is not recognized by ICAN as a country and it does not have its own separate identity from the United Kingdom. Attempts to establish unlicensed microwave links with the UK mainland were severed. Attempts to start amateur radio transmissions using a non-UK licensed identity were stopped. Attempts to place unauthorized, non-UK buoys in the water were stopped. Unregulated flights to Rough Tower were halted. All mail is delivered by the UK Post Office to an address on the UK mainland. The land underneath Rough Tower belongs to Crown Estate and therefore all activities are limited to those within or upon the sunken sea barge itself. Mythology has gone a long way to creating this article but the facts are very clear and well documented: Sealand as a country does not and never has existed in law. What the occupants are doing is basically what anyone else can do or claim from the privacy of their own home, but claims do not amount to reality unless they are supported by documented actions.

The claimed legal quandaries arising from circumstances similar to those which apply to Sealand are no longer possible. In fact the UK had international legal jusidiction dating back to the 1950s over the territory encompassing Rough Tower. The history of the various laws governing the area are known and documented, but ignored by those making claims concerning Sealand. Because these laws predate the occupation of Rough Tower by squatters first representing Ronan O'Rahilly from whom Roy Bates seized his own occupancy, the most that Roy Bates can claim is squatter's rights which he has never attempted to establish in a UK court of law. Since the Third Conference on the Laws of the Sea, the nearest neighbouring state is now required to consent to the construction of any artificial island pursuant to the United Nations Convention on the Laws of the Sea (agreed to on December 10, 1982, at Montego Bay). However, Rough Tower was never constructed as an artificial island, it was constructed as a ship, floated into position and sunk. It therefore constitutes a maritime wreck which is why it is marked by buoys according to maritime law. Moreover, while this convention requires the neighbouring state to demolish or have removed any such artificial constructions immediately after use, because Rough Tower is technically a sunken ship it does not fall under that convention. Instead the RMS Titanic has about the same status as Rough Tower, with the exception that the sinking of the Titanic was an accident and the sinking of Rough Tower was intentional.

According to this convention, there is no transitional law and no possibility to consent to the existence of a construction which was previously approved or built by the neighbouring state. This means that an artificial island can no longer be constructed and then claimed as a sovereign state, or as state territory for the purposes of extension of an exclusive economic zone or of territorial waters. However, since Rough Tower is not an artificial island but a sunken ship, HM Crown Estate which owns the land under the Rough Tower would have to be the complaining landlord to get the wreck removed from their property.

The governments of both the United Kingdom and the United States of America have been consistant in their interpretation of this history in that they have always denied the claims made by Roy Bates concerning the sea wreck that he calls Sealand.

Beginning almost as soon as the Roy Bates had taken possession of what had been HMS Roughs, a barge built in England and floated offshore and then sunk on Rough Sands sandbar, the Cabinet of Prime Minister Harold Wilson decided to ignore the squatters and deny them publicity. However, Roy Bates then began interpreting the actions of Essex Police who had brought him into a (now defunct) local court for discharging a firearm without a license, as recognition of his claim that he had been in an independent country. The local court had merely stated that it lacked jurisdiction to hear the matter. It had no power to issue any form of status hearing concerning the occupation of a former Royal Navy sea fort sunken barge.

Not deterred, Roy Bates then proclaimed the sunken barge as the "Principality of Sealand", notwithstanding the fact that the UK had not bestowed upon him the title of prince of a principality. The idea seems to have been born in the head of Roy Bates from the headlines of the day when Prince Charles was about to be named as Prince of the Principality of Wales by his mother the Queen. Unlike Prince Charles, Roy Bates never had any form of sub-sovereignty conferred upon him by any official representing a principal state, so he merely claimed the title for himself.

Although originally occupied and claimed by Roy Bates, it is now usually occupied by a caretaker representing his son Michael Bates who since 1999 has claimed the titles of Prince Michael and Prince Regent.

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 the Sealand's status as a constitutional monarchy, the empowerment of government bureaux, 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 bureaux 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, is unknown.

In the year 2000 worldwide publicity was created about the establishment of a new entity called HavenCo, a Data haven, which effectively took control of Rough Tower itself. According to the web site of Sealand, no other visitors or activities would be permitted. The original claim to the right to occupy Rough Tower was maintained by Michael Bates, son of Roy Bates who had removed himself from further daily involvement.

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

The chief of the Bureau of Internal Affairs said in a letter to a Misplaced Pages editor that the "Advocate-General" (a role not described in the constitution) "may call tribunals in appropriate circumstances". The Bureau of Internal Affairs apparently vets and registers qualified legal professionals to practise "Sealand law", although the level of frequency with which this occurs is unknown.

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 this time, which seems to indicate that a formal arrangement of some sort existed between them and Sealand.

Although few stamp issues have been made since the 1960s, 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 believed to be limited.

The United Kingdom's Royal Mail official policy is to stamp envelopes not bearing UK stamps with a 'revenue protection' cancel, in order to be able to claim postal carriage charges 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 publicises the following as its postal address: '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'.

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. In a similar manner, mail for the Turkish Republic of Northern Cyprus must be addressed to 'Mersin 10, Turkey'.

Sealand's stamps are generally classed as "locals" by most collectors; 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's official currency is the "Sealand Dollar", which is maintained at parity with the US 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 large-scale economy it is unlikely that these coins were ever intended for use as circulating currency. Most were produced in precious metals, which have appeal to investors and coin collectors. In the early 1990s, the "exile" government also produced a coin, featuring a likeness of rebel "prime minister" Seiger.

References

• How to Start Your Own Country by Erwin S. Strauss, pub. Breakout Productions, Port Townsend, WA, 2nd ed. 1984, ISBN 1893626156
• "How a law-less 'data haven' is using law to protect itself" by Gary Slapper, The Times, August 8, 2000 p3
• "A Nation for Friend and Faux" by Marjorie Miller, Richard Boudreaux, Los Angeles Times June 7, 2000 pA-1
• "Welcome to Sealand. Now Bugger Off" by Simson Garfinkel, Wired Magazine, July 2000, Vol. 8.07.
• "Stop signs on the web; The battle between freedom and regulation on the Internet", The Economist , Jan 13, 2001 p1

See also

• Micronation
• Data haven
• List of places with fewer than ten people

External links

• The Official Principality of Sealand Homepage
• HavenCo Ltd.
• Archival Sealand Homepage
• Website of Rebel Sealand Government
• National Anthem
• Claimed transcript of the 1968 UK court case
• Coins of Sealand – Complete catalogue of coins minted by Sealand.
• Meta Haven: Sealand Identity Project
• The Sea Forts – The history of Britain's World War 2 sea fortresses and their later use by 1960s pirate radio broadcasters.
• HMS Roughs - A skeptical analysis of how the construction and ownership history of Rough Tower potentially impacts the legal status of Sealand.

v t e The Principality of Sealand
Micronation
Background	HM Fort Roughs Pirate radio Wonderful Radio London
People	Bates family Paddy Roy Bates Joan Bates Michael Bates HavenCo Sean Hastings Ryan Lackey Sameer Parekh
Topics	Coins and postage stamps of Sealand Sports Sealand national football team Sealand Seahawks
Related	The Battle of Sealand Radio Newyork International

• Micronations
• Suffolk