ARGUMENT OF GREAT BRITAIN. 43 



3. It is only by agreement that jurisdiction on the high 

 sea over its nationals is given by one nation to another. 



These principles do not advance the United States con- 

 tention. The consent of other nations is wanting to the 

 exercise by the United States of the exclusive control 

 wnich it claims. 



ARGUMENT TO BE DEDUCED FROM EXISTENCE OF 

 CONVENTIONS. 



The existence of the Conventions demonstrates their 

 necessity; by such Conventions alone can one nation pre- 

 sume to control the subjects of another State upon the high 

 seas. 



They recognize the right of the subjects of all the Con- 

 tracting Parties alike to fish in the high sea beyond th^ 

 territorial waters, but for their mutual benefit they subjecfr 

 the fishing to regulations to be observed by the subjects 

 of all alike. The Conventions and the legislation giving 

 effect to them do not profess to impose these regulations' 

 on the subjects of other countries not ])arties to the Conven- 

 tions, nor to prohibit them in any way from fishing in the 

 high seas, nor could they do so. 



EussiA. 



EXAMINATION OF FOREIGN SEAL LEGISLATION. 



White Sea. 



The Russian law dealing with the Ustinsk sealing indus- united stntes 

 try in the White Sea is"^ set out in the United States ^'lil"'^^^'"*'"^-'' 



Case. 

 47 The industry is carried on in the Gulf of Mesensk 



in the White Sea; the gulf is 53 miles wide. 



The principal provisions of the law are the appointing 

 certain days of departure to the fisheries, and prohibiting 

 the lighting of fires to windward of the groups or hauling- 

 grounds of the seals. 



The law is not directly or indirectly applied to foreigners. 



Further, Article 21 of the Russian Code of Prize Law of British Case, 

 1869 limits the jurisdictional waters of Russia to 3 miles ^il^u^'^'ag"'-"' 

 from the coast. 



BeJiring Sea and Sea of OJcJiotslc. 



This Article applies to the western shores of Behring British case, 

 Sea, and the regulations published at Yokolnuna in 1881, ?• i^"- 

 with respect more especially to sealing off the Commander 

 and Robben Islands, are inconsistent with the United 

 States contention as to Russia's claims to jurisdiction. 



The prohibitions contained in these regulations were ii)id-, Appen- 

 explaiued by M. de Giers in a letter to Mr. Hoffmann. u"^' ^f % ^^'* 



This measure refers only to prohibited industries and to the trade 

 in contraband : 



"The restrictions which it establishes extend strictly to the terri- 

 torial waters of Russia only." 



