APPENDIX 425 



ticular character easy to determine specifically, but diffi- 

 cult to describe generally. 



The negotiators of the Treaty of 1818 did probably not 

 trouble themselves with subtle theories concerning the no- 

 tion of "bays"; they most probably thought everybody 

 would know what was a bay. In this popular sense the 

 term must be interpreted in the Treaty. The interpreta- 

 tion must take into account all the individual circumstances 

 which for any one of the different bays are to be appre- 

 ciated, the relation of its width to the length of penetration 

 inland, the possibility and the necessity of its being de- 

 fended by the State in whose territory it is indented; the 

 special value which it has for the industry of the inhab- 

 itants of its shores; the distance which it is secluded from 

 the highways of nations on the open sea and other circum- 

 stances not possible to enumerate in general. 



, For these reasons the Tribunal decides and awards : 



In the case of bays the three marine miles are to be meas- 

 ured from a straight line drawn across the body of water 

 at the place where it ceases to have the configuration and 

 characteristics of a bay. At all other places the three ma- 

 rine miles are to be measured following the sinuosities of 

 the coast. 



But considering the Tribunal cannot overlook that this 

 answer to Question V, although correct in principle and 

 the only one possible in view of the want of a sufficient 

 basis for a more concrete answer, is not entirely satisfac- 

 tory as to its practical applicability, and that it leaves 

 room for doubts and differences in practice. Therefore 

 the Tribunal considers it its duty to render the decision 

 more practicable and to remove the danger of future dif- 

 ferences by adjoining to it, a recommendation in virtue of 



