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Principality of Sealand

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Principality of Sealand
Motto: E Mare Libertas
StatusCurrent
CapitalHM Fort Roughs
Demonym(s)Sealander
Membership27 (2002)

The Principality of Sealand is a micronation located on HM Fort Roughs, a former Maunsell Sea Fort located in the North Sea 10 km (six miles) off the coast of Suffolk, England, in what is claimed as territorial waters using a twelve-nautical-mile radius. Since 1967, the installation has been occupied by associates and family of Paddy Roy Bates, a former radio broadcaster and former British Army Major, who claims that it is a sovereign and independent state.

Critics, as well as court rulings in the United States and in Germany, have claimed that Roughs Tower has always remained in the jurisdiction of the United Kingdom, a view that is disputed by the Bates family. The population of the facility in 2002 was 27, and its habitable area is 550 m² (5920 sq ft). Sealand's claims to sovereignty and legitimacy are not recognised by any country, yet it has been citedas an interesting case study of how various principles of international law can be applied to a territorial dispute.

History

In 1942, during World War II, HM Fort Roughs was constructed by the UK as one of the Maunsell Forts, primarily for defence against German mine-laying aircraft that might be targeting the estuaries that were part of vital shipping lanes. It comprised a floating pontoon base with a superstructure of two hollow towers joined by a deck upon which other structures could be added. The fort was towed to a position above the Rough Sands sandbar, where its base was intentionally flooded to allow it to sink to its final resting place on the sandbar. The location chosen was in international waters, approximately six miles from the coast of Suffolk, outside the then three-mile territorial water claim of the United Kingdom.

The facility (called Roughs Tower) was occupied by 150–300 Royal Navy personnel throughout World War II; not until well after the war, in 1956, were the last full-time personnel taken off HM Fort Roughs. Marking of its position as a shipping hazard was left to Trinity House. On September 2, 1967, the fort was occupied by Major Paddy Roy Bates, a British subject and pirate radio broadcaster, who ejected a competing group of pirate broadcasters.

In 1968, Britain's Royal Navy entered territorial waters and serviced a navigational buoy near the platform. Michael Bates (son of Paddy Roy Bates) tried to scare the workmen 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; case of Regina v. Paddy Roy Bates and Michael Roy Bates, The Shire Hall, Chelmsford, 25 October 1968. In 1975, Roy of Sealand introduced a constitution, followed by a flag, a national anthem, a currency and passports.

In 1978, while Bates was away, the Prime Minister of Sealand, Alexander G. Achenbach, and several German and Dutch citizens staged a forcible takeover of Roughs Tower, holding Bates' 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. Most participants in the invasion were repatriated at the cessation of the "war," but Achenbach, a German lawyer who held a Sealand passport, was charged with treason against Sealand and was held unless he paid DM 75,000 (more than $35,000 at the time). 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 from its London embassy to Roughs Tower to negotiate for Achenbach's release. Roy Bates relented after several weeks of negotiations and subsequently claimed that the diplomat's visit constituted de facto recognition of Sealand by Germany, though Germany has not commented on this interpretation.

Following his repatriation, Achenbach established a "government in exile" in Germany, in opposition to Roy Bates, assuming the name "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.

In a 1990 case in the US regarding registering ships in Sealand (flags of convenience), the US court ruled against allowing Sealand flagged vessels; the case was never contested by the Bateses. Sealand claims the waters surrounding Roughs Tower to the extent of twelve nautical miles, and it has claimed to have physically defended this claim on at least one occasion: in an incident in 1990, the Royal Maritime Auxiliary vessel Golden Eye was fired upon from Sealand.

For a period, Sealand passports were mass-manufactured and sold widely (mostly to Eastern Europeans) by a Spanish-based group believed to be associated with the exile government under Seiger. These passports, which were not authorized by the Bates family, were linked to several high-profile crimes, including the murder of Gianni Versace (The false passport belonged to Torsten Reineck, the owner of the houseboat where Andrew Cunanan, Versace's murderer, shot himself). Due to the massive quantity of illegal passports in circulation (estimated at 150,000), in 1997 the Bates family revoked all Sealand passports, including those that they themselves had issued in the previous thirty years.

Sealand transfer

In early 2007, Sealand was offered for sale. From 2007, Sealand is available for transfer by Spanish estate company InmoNaranja. However, because a principality can't technically be sold, Sealand's current owners plan to transfer custodianship. A sum of between UK£65,000,000 and £504,000,000 (US$ 998,000,000, €750,000,000) is set as the price for the new tenants.

Legal status

Main article: Legal status of Sealand
Map of Sealand and the United Kingdom, with territorial water claims of 3 NM and 12 NM shown.

It is claimed by the proponents of Sealand that its independence is based on the following propositions:

  1. That 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, thus constituting terra nullius which could be settled and claimed by a new State. (This is the basis of the claim for de jure legitimacy).
  2. That interactions by the UK and the German Governments and the occupants of Sealand/Roughs Tower constitute de facto recognition of the territory's sovereignty; a proposition denied by the States concerned. (This is the basis of the claim for de facto legitimacy).
  3. That a 1968 decision of an English court, in which it was held that Roughs Tower was in international waters and thus outside the jurisdiction of the domestic courts, is a further de facto recognition of Sealand's sovereignty.

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".

The Bates family

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

Irrespective of its legal status, Sealand is managed by the Bates family as though it were a recognised sovereign entity, and they are its hereditary royal rulers. 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's son James, who was referred to as "Prince Royal James".

The members of Sealand's royal family 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. Sealand's royal family have claimed to have travelled to many countries on their Sealand passports.

Sealand operations

Sealand possesses a constitution, instituted in 1974, 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 following 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. 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. Sealand's legal system is claimed to follow British common law, and statutes take the form of Decrees enacted by the Sovereign.

Postal service and stamps

80c stamp from the Principality of Sealand.

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.

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 believed to be limited. 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. InmoNaranja, a Spanish company, has launched the Sealand Transfer Stamp as an official Spanish stamp.

Coins

Main article: Sealand Dollar

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's 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.

Motto and anthem

Sealand's motto is E Mare Libertas (Template:Lang-en). It appears on Sealandic items, such as stamps, passports, and coins. It is also the title of the Sealandic anthem, which was composed by the London composer Basil Simonenko, and does not have lyrics. Note that this is not normal Latin; "mari" would be more correct.

Sports and activities

Sealand has many non-Sealanders acting as official national athletes, including mini-golf and football .In 2003, Sealand appointed its first official athlete: Darren Blackburn of Oakville, Ontario, Canada. Blackburn has represented the Principality at a number of local sporting events, including marathons and off-trail races. Sealand's official U-20 National Football team is coached by American High School Soccer Coach Rory Miller and is mostly composed of players from his current and recent past roster at Muhlenberg North High School in Greenville, Ky.

Sealand fire

Sealand several months after the fire.

On the afternoon of 23 June 2006, the top platform of Sealand caught fire because of an electrical failure. 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.

The fire renovations are managed by Church and East Ltd. 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.As of November 2006, the restoration is complete, with no signs of the fire remaining. As a result of the fire, The Principality has had a wind turbine installed by Church and East. This is also to lessen environmental effects.

File:Sealand Wind Turbine.jpg
One of the new wind turbines.

Recent events

As of 11 February 2007 Sealand is taking bookings for tourist visits. Sealand publishes an online newspaper, called "Sealand News", which includes a public message board. On 28 February 2007 Sealand News announced that a movie called Sealand is in development for release in 2008(USA).The same newspaper announced on 25 March 2007 that several parties, including former Virgin Radio disc jockey Stuart Turner, a recent University of Central Florida graduate, were interested in using the HavenCo facilities to launch 'Free Radio Sealand", described as "an international internet radio station as well as a terrestrial and digital radio station." The article quotes Mr. Turner; “We’re going to bring back Pirate Radio big time. We’re going back to the roots of Radio Essex when listening to the radio was actually a way of life!”

On 30 March 2007, Sealand News announced that conceptual artists Christo and Jeanne-Claude have stated their intention to "...wrap the entire micronation in shimmering, snow-white fabric for two weeks in early 2008.” The two artists have done similar works including wrapping Berlin’s historic Reichstag building in silver-colored fabric and surrounding 11 small islands in Biscayne Bay with pink, floating fabric.Sealand News also announced on 6 September 2007 that the Principality of Sealand had received an investment opportunity to fund the launch of a communications satellite.

See also

References

  1. Image of the Coat of Arms of Sealand, copyright held by government of the Principality of Sealand
  2. "Information on the Principality of Sealand including GDP" (PDF). Summit of Micronations. Retrieved 2007-11-13.
  3. "Information on the Principality of Sealand including GDP" (PDF). Inmonaranja. Retrieved 2007-11-13.
  4. "A Brief History of Sealand". Sean Hastings. Retrieved 2007-11-13.
  5. "History of Sealand". Government of Sealand. Retrieved 2007-11-11.
  6. "Information on Sealand by the Summit of Micronations" (PDF). Summit of Micronations. Retrieved 2007-11-13.
  7. du Pont, George F. "Citation in debates of how various principles of international law can be applied to a territorial dispute" (PDF). University of Florida. Retrieved 2001. {{cite web}}: Check date values in: |accessdate= (help)
  8. "Maunsell Sea Forts". Frank Turner. Retrieved 2007-11-15.
  9. "Project Redsand information on offshore defences". Project Redsand. Retrieved 2007-11-13.
  10. According to: Ryan, John (2006). Micronations, The Lonely Planet Guide to Home-Made Nations. Lonely Planet. pp. Page 9. ISBN 1741047307. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help), in 1967 Ronan O'Rahilly, supported by a small group of men, attempted to storm the fort. Paddy Roy Bates successfully defended the fort.
  11. "Welcome to Sealand. Now Bugger Off". Wired News. July 2000. Retrieved 2007-11-11.
  12. "Regina v. Paddy Roy Bates and Michael Roy Bates". The Shire Hall, Chelmsford. Retrieved 2007-11-11.
  13. According to: Ryan, John (2006). Micronations, The Lonely Planet Guide to Home-Made Nations. Lonely Planet. pp. Page 11. ISBN 1741047307. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help), Sealand's prime minister Professor A.G. Achenbach attempted a coup.
  14. According to: Ryan, John (2006). Micronations, The Lonely Planet Guide to Home-Made Nations. Lonely Planet. pp. Page 11. ISBN 1741047307. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help), Professor A.G. was charged with treason.
  15. According to: Ryan, John (2006). Micronations, The Lonely Planet Guide to Home-Made Nations. Lonely Planet. pp. Page 11. ISBN 1741047307. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help), Achenbach established a government in exile.
  16. "Homepage of Sealandic Government in Exile". Sealandic Government in Exile. Retrieved 2007-11-13.
  17. "Principality of Sealand - Fact File". Government of the Principality of Sealand. Retrieved 1998. {{cite web}}: Check date values in: |accessdate= (help)
  18. James Cusick (1990-02-24). "The Independent news story on Sealand's defence". The Independent (London). Retrieved 2007-11-09. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  19. "History of Sealand". Sealand News. Retrieved 2007-11-11.
  20. According to: Ryan, John (2006). Micronations, The Lonely Planet Guide to Home-Made Nations. Lonely Planet. pp. Page 11. ISBN 1741047307. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help), unofficial Sealand passports did exist - the Sealandic royal family claim to have never authorised the sale of these passports.
  21. "Tiny North Sea tax haven for sale". ABC News. 2007-01-08. Retrieved 2007-01-08.
  22. ^ "BBC News". BBC. 2007-01-08. Retrieved 2007-01-08.
  23. "Inmonaranja's page on Sealand". Inmonaranja. Retrieved 2007-11-05.
  24. "News story on Sealand transfer". News.com.au. 2007-01-08. Retrieved 2007-01-08.
  25. "Evening Star". Evening Star. 2007-01-06. Retrieved 2007-01-06.
  26. "For sale, World's smallest country". The Sydney Morning Herald. 2007-01-08. Retrieved 2007-01-08.
  27. "Official History of Sealand". Government of Principality of Sealand. {{cite web}}: Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  28. Ryan, John (2006). Micronations, The Lonely Planet Guide to Home-Made Nations. Lonely Planet. pp. Pages 5-6. ISBN 1741047307. {{cite book}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  29. "Information on Sealand's royal family". Sealand News. Retrieved 2007-11-13.
  30. "Information on Sealand's royal family". Government of Principality of Sealand. Retrieved 2007-11-11.
  31. "Information on Sealand's royal family". Sealand News. Retrieved 2007-11-13.
  32. "Information showing use of Sealandic passports". Retrieved 2007-11-09.
  33. "Constitution of the Principality of Sealand" (PDF). Amorph Summit of Micronations. Retrieved 2007-11-09.
  34. "Information on the Principality of Sealand including constitution" (PDF). Amorph Summit of Micronations. Retrieved 2007-11-09.
  35. "Information on the Principality of Sealand including structure of government" (PDF). Amorph Summit of Micronations. Retrieved 2007-11-09.
  36. "Information on the Principlaity of Sealand". Government of the Principality of Sealand. Retrieved 2007-11-13.
  37. "The Principality of Sealand ([[11 February]] [[2002]]) Visits to the principality". Government of the Principality of Sealand. Retrieved 2006-07-27. {{cite web}}: URL–wikilink conflict (help)
  38. "The Principality of Sealand statutory notices". Government of the Principality of Sealand. Retrieved 2006-07-27.
  39. "Facts about the Principality of Sealand". Sealand News. Retrieved 2007-11-13.
  40. "Information on Sealandic stamps". Sealand News. Retrieved 2007-11-10.
  41. "Information on use of Sealandic stamps in Belgium". Sealand News. Retrieved 2007-11-10.
  42. "Royal Mail address for Sealand". Royal Mail. Retrieved 2007-11-10.
  43. "The Imperial Collection - Principality of Sealand". Empire of Atlantium. Retrieved 2007-11-11.
  44. "Sealandic National Anthem". Nationalanthems.info. Retrieved 2007-11-15.
  45. "Homepage of the Sealand National Football Team" (in Danish). Sealand National Football Team. Retrieved 2007-11-09.
  46. "Principality Notice PN 025/04: International Sporting Activities update". Government of the Principality of Sealand. Retrieved 2007-11-15.
  47. Bob Le-Roi. "Sealand on Fire". Retrieved 2006-06-25.
  48. "Church and East page on Sealand". Church and East. Retrieved 2007-11-11.
  49. Richard Lazenby. "Xtrasi". Retrieved 2006. {{cite web}}: Check date values in: |accessdate= (help)
  50. "Church and East renovation completion". Church and East. Retrieved 2006. {{cite web}}: Check date values in: |accessdate= (help)
  51. "Church and East page on installation of wind turbine". Church and East. Retrieved 2007-11-11.
  52. "Sealand tourist visits press release". Retrieved 2007-06-23.
  53. "Sealand News". Sealand News. Retrieved 2007-11-11.
  54. "Sealand News report on Sealand (2008 film)". Sealand News. 2007-02-28. Retrieved 2007-02-28.
  55. "Overview on Sealand (2008 film)". The Internet Movie Database. Retrieved 2007-07-01.
  56. "Sealand News report on Free Radio Sealand". Sealand News. 2007-03-25. Retrieved 2007-03-25.
  57. "Sealand News report on conceptual artists". Sealand News. 2007-03-30. Retrieved 2007-03-30.
  58. "Sealand in talks with Russian investment group about Sealand satellite". Sealand News. 2007-09-06. Retrieved 2007-09-06.

Bibliography

External links


Principality of Sealand The Principality of Sealand
Micronation
Background
People
Bates family
HavenCo
Topics
Coins and postage stamps of Sealand
Sports
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