“The notion of hovering acts evolved long before that of a belt of uniform width in the form of territorial waters. Great Britain’s first anti-smuggling legislation to operate at a stated distance seaward was in 1719, applying to the master of any ship ‘found at anchor or hovering within two leagues from the shore.’ Later enactments extended this limit to three, then four, then eight leagues. A statute of 1794 gave power to seize and confiscate customable goods in vessels ‘found at anchor, or hovering’ inside specific straight lines drawn between lines on the British coasts, thus resembling the ‘King’s Chambers’ of the Stuart era. In 1805 the British Parliament extended the seizure limit to 100 leagues (300 miles) from the coasts of Great Britain and Ireland in respect of vessels ‘belonging wholly or in part to His Majesty’s subjects, or whereof one-half of the persons on board shall be subjects of His Majesty.’ Foreign-flag vessels could have fallen within this category. In the case of Le Louis (1817) 165 E.R. 1464, the British Admiralty judge Lord Stowell described these statutes as being permitted by ‘the common courtesy of nations for their convenience.’ ” Geoffrey Marston, “Hovering Acts,” in 2 Encyclopedia of Public International Law 884–85 (1995).
hovering act
hovering act. Int’l law. A statute applying to a coastal country’s criminal jurisdiction over ships, and persons aboard those ships, when the ships are outside the country’s territory.
