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1953 UN Yearbook

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1953 UN Yearbook 664 Yearbook of the United Nations Jersey and eight miles away from the Chausey King of 5 July 1258, the Sub-Warden of the Islands, which belong to France. Islands was ordered "to guard the islands of Ger- nere and Geresey, and the king's other islands 1. Judgment of the Court in his keeping". In Letters Patent of the English King, dated 28 June 1360, it was provided that In its Judgment,7 the Court defined its task as the "keeper of the islands of Gerneseye, Jereseye, one of determining which of the parties had Serk and Aurneye, and other islands adjacent produced the more convincing proof of title to thereto" might have the keeping for a further one or the other group, or to both of them. period. The Court also referred to the Truce of Both parties claimed an ancient or original title London of 1471, which provided, in article 3, to both groups, which had always been main- that the King of France would not make any tained and never lost. Examining the titles in- hostile act against the Kingdom of England and voked by both parties, the Court stated that the other islands specially mentioned, including the United Kingdom derived its title from the con- Islands "of guernsey, Jersey and alderney [and] quest of England in 1066 by William, Duke of other territories, islands and lordships, which are, Normandy. This conquest united England with or will be, held and possessed by the said lord Normandy, including the Channel Islands, and King of England or by his subjects". Reference this union lasted until 1204 when King Philip was also made to a Papal Bull of 20 January Augustus of France drove the Anglo-Norman 1500, transferring the Channel Islands from the forces out of continental Normandy. But his at- Diocese of Coutances to the Diocese of Win- tempts to occupy the Islands were not successful, chester, which mentioned "the islands of Jersey and Guernsey, Chausey, Alderney, Herm and except for brief periods when some of them were taken by French forces. On this ground, the Court Sark". Two commercial Treaties of 1606 and 1655 said, the United Kingdom argued that all of the mentioned only Jersey and Guernsey, the Court stated. Channel Islands, including the Ecrehos and Min- quiers, remained, as before, united with England Basing itself on facts such as these, the Judg- and that this situation of fact was placed on a ment of the Court said, the United Kingdom legal basis by subsequent treaties concluded be- Government submitted the view that the Chan- tween English and French Kings. The French nel Islands were in the Middle Ages considered Government contended, for its part, that, after an entity, physically distinct from continental 1204, the King of France held the Minquiers Normandy, and that any failure to mention by and the Ecrehos, together with some other islands name any particular island in any relevant docu- close to the continent, and it referred to the same ment, while enumerating other Channel islands, mediaeval treaties as those invoked by the United did not imply that any such island lay outside Kingdom. that entity. The Court considered that, having The Court found that none of those treaties regard to the above-mentioned documents, and (Treaty of Paris of 1295, Treaty of Calais of particularly to the Charters of 1200 and 1203, 1360 and Treaty of Troyes of 1420) specified and in view of the undisputed fact that the whole which islands were held by the King of England of Normandy, including all the Channel Islands, or by the King of France. There were other docu- was held by the English King in his capacity as ments, however, which, the Court stated, provided Duke of Normandy from 1066 until 1204, there some indications as to the possession of the islets appeared to be a strong presumption in favour in dispute. The Court then referred to the Charter of the British view. If, the Court continued, the of 14 January 1200, by which King John of Ecrehos and the Minquiers were never specific- England granted to one of his Barons, Piers des ally mentioned in such enumerations, this was Préaux, the Islands of Jersey, Guernsey and Alder- probably due to their slight importance. The ney "to have and hold of us by service of three Court, however, felt that it could not draw from knights' fees". The Court also referred to the these considerations alone any definitive conclusion Charter of 1203 by which Piers des Préaux granted as to the sovereignty over the Ecrehos and the to the Abbey of Val-Richer "the island of Ecre- Minquiers since that question ultimately depended hou in entirety", stating that the King of England on the evidence of direct possession. "gave me the islands" (insulas mihi dedit). That, The French Government, the Court stated, saw the Court held, showed that he treated the Ecre- a presumption in favour of French sovereignty hos as an integral part of the fief of the Islands in the feudal link between the King of France, which he had received from the King. The Court 7 further stated that, in an Order from the English I.C.J. Reports 1953, p. 47..
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