APPENDIX 389 



yet be unregulated, or being unilateral may yet be regu- 

 lated: as is evidenced by the claim of the United States 

 that the liberties of fishery accorded by the Reciprocity 

 Treaty of 1854 and the Treaty of 1871 were exempt from 

 regulation, though they were neither permanent nor un- 

 ilateral ; 



(&) Because no peculiar character need be claimed for 

 these liberties in order to secure their enjoyment in per- 

 petuity, as is evidenced by the American negotiators in 

 1818 asking for the insertion of the words ''for ever.' 

 International law in its modern development recognizes 

 that a great number of Treaty obligations are not an- 

 nulled by war, but at most suspended by it ; 



(c) Because the liberty to dry and cure is, pursuant 

 to the terms of the Treaty, provisional and not permanent, 

 and is nevertheless, in respect of the liability to regulation, 

 identical in its nature with, and never distinguished from, 

 the liberty to fish. 



For the further purpose of such proof, the United States 

 allege : 



(3) That the liberties of fishery granted to the United 

 States constitute an International servitude in 

 their favour over the territory of Great Britain, 

 thereby involving a derogation from the sover- 

 eignty of Great Britain, the servient State, and 

 that therefore Great Britain is deprived, by rea- 

 son of the grant, of its independent right to regu- 

 late the fishery. 



The Tribunal is unable to agree with this contention: 

 (a) Because there is no evidence that the doctrine of 

 International servitudes was one with which either Ameri- 

 can or British Statesmen were conversant in 1818, no 



