Constitution for Scotland Public Consultation Hub

Section 1.4. The territory of Scotland comprises all land and air space to the north of the land border, running as in place prior to 1999, between the Solway Firth and the then mouth of the River Tweed, and the surrounding seas and air space to a limit of 200 nautical miles or the relevant median lines with other states, including the line running due east from the mouth of the River Tweed, or to such limits as set by international law.

Proposed Amendments to Section

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Original Version

  • Avatar admin
    Administrator #1  •  2020-08-20 17:35:16

    Section 1.4. Section 1.4. The territory of Scotland comprises all land and air space to the north of the land border, running as in place prior to 1999, between the Solway Firth and the then mouth of the River Tweed, and the surrounding seas and air space to a limit of 200 nautical miles or the relevant median lines with other states, including the line running due east from the mouth of the River Tweed, or to such limits as set by international law.

      • Caledonialan

        Section 1.4. This would appear to involve laying claim to Berwick-on-Tweed. Why the "then" mouth of the River Tweed? Has it moved?

          • Brian

            Section 1.4. I had a wee look on google maps which has the northern most land boundary at northing 55.81. I also saw a reference that the maritime boundary follows a northing at 55.50 closer to Low Newton-by-the-sea. Looks like some research of legal documentation is needed here.

            No responses
      • Caledonialan

        Section 1.4. I have already questioned the references to the border "prior to 1999" and "the then mouth of the River Tweed", which I simply do not understand. It might have been better to refer to "all of the territory subject to Scots Law immediately prior to independence". In addition, claims to surrounding seas and the airspace above them are subject to international treaties to which Scotland will have to accede as soon as possible after independence. Essentially, it cannot claim territorial waters or airspace beyond 12 nautical miles; the 200-mile limit concerns the Exclusive Economic Zone, which relates to access to resources beneath the surface of the sea but does not extend the territory of a state. Consideration will also have to be given to the question of Rockall, which has been claimed by the UK as part of Scotland, a claim disputed by Ireland and Iceland. The boundary due east of the mouth of the River Tweed is also delicate question. See http://www.ejil.org/pdfs/12/1/505.pdf

        No responses
      • dmuir

        Section 1.4. At first reading 'all land and air space to the north of the land border' would seem to say that all of Norway, for example, is in the territory of Scotland!
        A general point is, does the definition of the territory belong in the constitution? I think not. Should we have to go through the (rightly) difficult business of changing the constitution to change the territory? The threats made by the Spanish government to Catalonian politicians of charging them with treason and the like because of what the Spanish constitution says shows the dangers. While I would want all the parts of Scotland to stay in Scotland, I would not want the constitution to give grounds for criminal charges of failure to uphold the constition on those who, say, wanted to establish the People's Republic of Pollok. While it should rightly be a careful political process, I wouldn't want to change the constitution if others wanted to become part of Scotland.

        No responses

Proposed Amendment to Section 1.4.

  • Caledonialan

    Rewriting

    Section 1.4. The territory of Scotland comprises all land areas to which the law of Scotland applied immediately prior to independence, together with the territorial waters surrounding those land areas and the airspace above those land areas and territorial waters, in accordance with international law and such relevant international treaties as apply to Scotland.

    2 votes  |  I agree 2 I disagree 0
    No responses

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