Re Martinez and Others.

Abstract

International law — Sources — Customary international law — Criteria for establishment of custom — Constant and uniform repetition — Breadth of territorial waters — Whether Convention on Territorial Sea, 1958, declaratory of international law — The law of Italy.International law in general — Relation to municipal law — Constitutional provision requiring conformity between municipal law and international law — Constitution of Italy, Article 10.State territory — Parts of — Territorial waters — Breadth of — Diversity of State practice — Whether international law excludes jurisdiction over contiguous zone — The law of Italy.Jurisdiction — Territorial — At the maritime frontier — Jurisdiction over offences in contiguous zone — Smuggling by foreign nationals in contiguous zone — Whether coastal State entitled to exercise jurisdiction — The law of Italy.Jurisdiction — On the high seas — Enforcement of revenue laws — Contiguous zone — Smuggling by foreign nationals — Whether coastal State entitled to exercise jurisdiction — The law of Italy.