108 CASE OF GREAT BRITAIN. 



Chaleur, au Canada, de 16 milles. Toutes ces baies sont considerees 

 comme etant sous la domination exclusive de 1'fitat riverain. II y a 

 lieu, enfin, de consaqrer le principe que la baie est dans une situation 

 differente de la mer territorial proprement dite. 



It is clear from the report of M. Barclay that in his opinion (1) 

 there is no rule in international law as to the extent of bays of the 

 nature now suggested by the United States, and (2) the considera- 

 tions applicable to the belt of territorial sea do not apply to bays. 



OTHER OPINIONS. 



Attempts have been made, it is true, by some writers to suggest a 

 general principle capable of application to all enclosed waters. But 

 these suggestions have led to no practical result. The difference in 

 the considerations which affect particular cases has made it difficult, 

 if not impossible, to formulate any general rule; and the difference 

 in the considerations which affect the open sea on the one hand, and 

 enclosed waters on the other hand, has made it impossible to apply 

 the same general rule to both. 



SUMMARY. 



It is submitted therefore that the opinions of jurists establish that 

 there is not any definite limit, whether 6 miles or more, beyond which 

 enclosed waters such as bays may not be claimed as territorial waters 

 by the State within whose shores they are enclosed; and that a for- 

 tioii there was no such limit in 1818. It follows that the word " bay " 

 as used in the treaty was used in its ordinary sense and included all 

 those tracts of water known at the time as bays. 



NEGOTIATIONS OF 1818. 



In addition to these arguments, His Majesty's Government desire 

 to point out to the Tribunal that the circumstances existing at the 

 time of the negotiations of 1818 themselves negative the contention 

 that the term " bays of His Britannic Majesty's dominions " as used 

 in the treaty was not intended to include the whole of the bays on 

 the British coasts. 



At the beginning of the last century, Great Britain and the United 

 States were putting forward wide claims to jurisdiction over 

 122 territorial waters, as has already been shown. The case of 

 Delaware Bay and the claims of the United States were fresh 

 in the minds of the American negotiators ; the rights of Great Britain 

 over the waters surrounding the British coasts had been the subject 

 of still more recent discussion. In view of these facts it is impossi- 

 ble to believe that the negotiations of 1818 were conducted on the 

 footing that bays more than 6 miles wide were necessarily part of 



