One of the corollaries of Mettler's book is that the existence of
the submerged state acts as a systematic barrier to proper recognition of government intervention.
Not exact matches
Pursuant to the
Submerged Lands
Act of 1953, 43 U.S.C. § 1301 et seq., individual U.S.
states have rights to natural resources found within 3 nautical miles of the coast (BOEM 2017a).
Confirming the principle in the Seas and
Submerged Lands case [69] that the «acquisition of territory by a sovereign
state for the first time is an
act of
state which can not be challenged, controlled or interfered with by the Courts of that
state», [70] Justice Brennan in Mabo identified the extent of the court's power as merely «determining the consequences of an acquisition [of sovereignty] under municipal law».
He found that the High Court's apparent endorsement of that case in the Sea and
Submerged Lands
Act case (59) was really only an acknowledgement of the
state of the law at the time of Federation in 1901.