Several British sailors are in Iranian custody because the Iranians claimed the British ship was in Iranian waters, but the Brits claim they were 2000 yards into Iraqi waters.
It does not matter. "Intent To Cross" can be rightfully assumed within a range of yards calculated from the boundary based on the height of your ships radar from sea level. The Brits should have been at least 4000 yards from the boundary (about half the distance to the visible horizon from the height of the ship's bridge.
The opposing claims should be set aside, the Brits should concede they at least were too close, and negotiations of a neutral zone on sea borders should be established (four thousand yards wide). Understanding of visual and electronic boundaries should be established. This would mean that skirmishes within the newly established neutral zone remain in the neutral zone and can be construed independently of any official declaration of war.
An "Enter at your own risk," would apply and we could call it the Thunderdome Nautical Law.
For more information about calculating how far you can see depending on how high your eyes are from sea level, visit:
http://www.slc.ca.gov/Division_Pages/DEPM/DEPM_Programs_and_Reports/BHP_Deep_Water_Port/RevisedDraftEIR/1aCabTransport/Appendices/F_Appendix%20F_Aesthetics.pdf
For Wiki-Territorial Waters info:
http://en.wikipedia.org/wiki/Territorial_waters
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