36 ARGUMENT OF GREAT BRITAIN. 



NO KIGHT OF PROTECTION BECAUSE FISH MAY BE GOING 

 TO THE ISLANDS. 



Nor is the case altered by tlie fact that the chiim to pro- 

 tect is based on the assumption that the fish may be pro- 

 ceeding to a phice within the dominions where an excUisiv'e 

 right to take possession wouhl arise. Tliat no rights exist 

 Stephen' s^^"^'^' this cxcbisive right lias come into being' is again too 

 r,iMck.st.,iie, 7tii ek'meiitavy a proposition to need demonstration. For, as 

 Edit., vol. ii, p-Bhiclcstone says: 



All mankind had, by the origiiinl grant of the Creator, a right to 

 pursue and take any fish or inhabitant of the waters. 



That there is no right of protection at sea even when 

 such qnalitied property arises on laud has already been 

 demonstrated. 



NOR ON ACCOUNT OF INTEREST IN INDUSTRY. 



ciYr'\*"299*'^*^^ ^^^^ contention basing the riglit of protection on the 

 ground of an interest, an industiy, and a commerce cannot 

 be maintained. It must depend on the question whether 

 property has been established or not. 



NOR EXCEPT AS AGAINST NATIONALS. 



The only right of protection of fish and other free- 

 38 swimming animals in the high seas which can be 

 exercised by any State (apart from Convention) is as 

 against its own nationals. It may be in the interests of com- 

 merce and the fisliing industry of the nation that all its 

 fishermen alilce should be made to respect a close time, even 

 for migratory fishes, and even in the deep sea. A State has a 

 right to legislate for its own subjects on the high seas. 



NATIONALS ON HIGH SEA MAY BE BOUND BY LEGISLA- 

 TION. — INSTANCE OF SUCH LEGISLATION. 



It may be admitted further that it is not necessary that 

 this restriction ou national fishermen should be limited to 

 the high seas adjoining the territorial waters of the State. 

 The protection of the (Treenland fisheries, situated many 

 miles from the shores of the States which have legislated 

 in respc^ct of it, is an instance in point. But special 

 attention is directed to the condition precedent to such leg- 

 islation. By the legislation of Great Britain the Queen is 

 empowered to put the Act in force against her own fisher- 

 men "w/te» she is satisfied that other nations interested in 

 these fisheries have put similar Acts in force against their 

 subjects.''^ Such legislation rests, therefore, on an agreement 

 between the nations interested, which may be expressed in 

 a Convention, or may be tacitly understood. 



Such legislation Great Britain is willing to pass in respect 

 of the seals in Behring Sea; but one essential condition on 

 which Her Majesty's Government iusist is, that the other 

 nations interested should pass similar laws. 



