Sealand (HM Fort Roughs)

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Principality of Sealand
Flag


Flag

 Coat of arms


Coat of arms
Motto: E Mare Libertas
(English: From the Sea, Freedom)
Musical anthem: E Mare Libertas, by Basil Simonenko
Location of Sealand
Location of Sealand
Type of entity: Micronation
Location: Western Europe

51°53′40″N, 1°28′57″E
Area claimed: 550 m²
Membership: < 20 permanent residents[1]
Date of foundation: 2 September 1967
Leadership: Prince Roy I (Paddy Roy Bates), 1967- and Prince Regent Michael (Michael Bates), 1999-
Purported organisational structure: Hereditary constitutional monarchy
Language: English
Purported currency: Sealand Dollar
Time zone: GMT (UTC+0)
- Summer (DST): BST (UTC+1)
edit

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, at 51°53′40″N, 1°28′57″E. Sealand also claims as territorial waters in 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 it is a sovereign and independent state.[2] Critics, as well as court rulings in the United States and in Germany, have claimed that Roughs Tower has always remained the property of the United Kingdom, a view that is disputed by the Bates family. The population of the facility rarely exceeds ten, and its inhabitable area is 550 m² (5920 sq. ft).

Sealand's claims to sovereignty and legitimacy are not recognised by any country, yet 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.

Contents

[edit] History

Sinking of fort.
Sinking of fort.

In 1942, during World War II, HM Fort Roughs was constructed by the UK as one of the Maunsell Sea Forts. 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 Rough Sands sandbar where its base was intentionally flooded so that it sank to a 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 (termed Roughs Tower) was occupied by 150–300 Royal Navy personnel throughout World War II; post war it was not until 1956 that the last full-time personnel were taken off HM Fort Roughs and 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 and claimed sovereignty on the basis of his interpretation of international law (see Legal status).

In 1967–8 Britain's Royal Navy tried to remove Bates. As they entered territorial waters, Bates tried to scare them 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, 25th October 1968- [3]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 Gernot Pütz, 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 £18,000). 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 Pütz's release, and after several weeks Roy Bates relented, subsequently claiming 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 an "exile government" 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.

Sealand claims the waters surrounding Roughs Tower to the extent of twelve nautical miles,[4] 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[citation needed] .

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 authorised by the Bates family, were linked to several high-profile crimes, including the murder of Gianni Versace. 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.

In 2007 there will be a trial in the Ciudad Real (Spain) provincial court against a man selling Sealand passports.

[edit] Sealand transfer

This section documents a current event.
Information may change rapidly as the event progresses.

In early 2007 Sealand was offered for sale.[2] As a principality cannot technically be sold, Sealand's current "owners" plan to "transfer" custodianship.[3][4][5]

From 2007 Sealand is available for transfer by Spanish estate company InmoNaranja.[6] It is explicitly stated that Sealand is not for sale, as a principality cannot be sold.[7] A sum of between £65,000,000 and £504,000,000 (US$ 998 Million, €750,000,000) is set as the price for the new tenants.[8][9][10] Offers of "eight digits or over" are being solicited.[11]

[edit] 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.
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.[12]

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".

[edit] The Bates family

Roy and Joan Bates claimed Sealand as their own in 1967.
Roy and 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.

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


[edit] Sealand operations

Sealand possesses a constitution, instituted in 1974,[2] 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.[13] 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.[14]

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.

[edit] Postal service and 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 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 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.[citation needed]

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.

[edit] 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.

[edit] Motto and anthem

Sealand's motto is E Mare Libertas (English: From the Sea, Freedom). 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.

[edit] Sports and activities

Main article: Sealand sports

Sealand has many non-Sealanders acting as official national athletes, including mini-golf and football.

[edit] Sealand fire and recent events

Sealand several months after the fire.
Sealand several months after the fire.

On the afternoon of 23 June 2006, the top platform of Sealand caught fire due to 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.[15]

The fire renovations are managed by Church and East Ltd.[16] 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.[17]

As of November 2006, the restoration is complete, with no signs of the fire remaining.[18]

One of the new wind turbines.
One of the new wind turbines.

As a result of the fire, The Principality has had a wind turbine installed by Church and East.[19] This is also to lessen environmental effects.

As of the 11th of February Sealand is taking bookings for tourist visits. [20]

On 25 March 2007, the website Sealand News announced that several interested parties, including former Virgin Radio disc jockey Stuart Turner, want to use 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!” [5]

On 30 March 2007, the website 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. [6]

[edit] See also

  • HavenCo – the data haven company operating from Sealand

[edit] References

  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. ^ a b "Tiny North Sea tax haven for sale," AFP
  3. ^ http://www.boingboing.net/2007/01/03/report_sealand_is_fo.html
  4. ^ http://inmobiliarianaranja.es/sealand.html
  5. ^ http://www.news.com.au/story/0,23599,21026372-1702,00.html
  6. ^ InmoNaranja website
  7. ^ http://www2.noticiasdot.com/publicaciones/2007/0107/0201/noticias020107/noticias020107-1054.htm
  8. ^ BBC News
  9. ^ http://www.inmonaranja.es/sealand.html
  10. ^ Evening Star, January 20, 2007.
  11. ^ http://www.smh.com.au/news/world/for-sale-worlds-smallest-country/2007/01/08/1168104905597.html For sale, World's smallest country
  12. ^ Official History of Sealand. Principality of Sealand. Retrieved on 12 January, 2007.
  13. ^ The Principality of Sealand (11 February 2002).Visits to the principality. Retrieved on 27 July 2006.
  14. ^ The Principality of Sealand. Statutory notices. Retrieved on 27 July 2006.
  15. ^ Bob Le-Roi. Sealand on Fire.
  16. ^ http://www.churchandeast.co.uk/Sealand.htm
  17. ^ Xtrasi.co.uk
  18. ^ http://www.churchandeast.co.uk/Sealand%20update%204.html
  19. ^ http://www.churchandeast.co.uk/images/SealandPhotos/windpower/green.html
  20. ^ http://www.churchandeast.co.uk/press%20release.html

[edit] Bibliography

[edit] External links

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Principality of Sealand

Roy Bates | HM Fort Roughs | Guy Maunsell | HavenCo | Coat of arms | Flag

Coordinates: 51°53′40″N, 1°28′57″E

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