APPENDIX 405 



in good faith, and are therefore reasonable and not in vio- 

 lation of the Treaty. 



For the decision of the question whether a regulation is 

 or is not reasonable, as being or not in accordance with the 

 dispositions of the Treaty and not in violation thereof, the 

 Treaty of 1818 contains no special provision. The settle- 

 ment of differences in this respect that might arise there- 

 after was left to the ordinary means of diplomatic in- 

 tercourse. By reason, however, of the form in which 

 Question I is put, and by further reason of the admission of 

 Great Britain by her counsel before this Tribunal that it is 

 not now for either of the Parties to the Treaty to de- 

 termine the reasonableness of any regulation made by Great 

 Britain, Canada or Newfoundland, the reasonableness of 

 any such regulation, if contested, must be decided not by 

 either of the Parties, but by an impartial authority in ac- 

 cordance with the principles hereinabove laid down, and 

 in the manner proposed in the recommendations made by 

 the Tribunal in virtue of Article IV of the Agreement. 



The Tribunal further decides that Article IV of the 

 Agreement is, as stated by counsel of the respective Par- 

 ties at the argument, permanent in its effect, and not 

 terminable by the expiration of the General Arbitration 

 Treaty of 1908, between Great Britain and the United 



/ 7 



States. 



In execution, therefore, of the responsibilities imposed 

 upon this Tribunal in regard to Articles II, III and IV of 

 the Special Agreement, we hereby pronounce in their regard 

 as follows: 



AS TO ARTICLE II. 



Pursuant to the provisions of this Article, hereinbefore 

 cited, either Party has called the attention of this Tribunal 

 to acts of the other claimed to be inconsistent with the true 

 interpretation of the Treaty of 1818. 



