V ARGUMENT OF CHARLES B. WARREN. 1061 



waters outside of the 3-mile zone in bays are to be considered non- 

 territorial waters? 



MR. WARREN : Mr. President, I will read from Dr. Oppenheim's 

 recent work. He is Professor of International Law in an English 

 University, and is a writer of authority and reputation, as we all 

 know. 



THE PRESIDENT: Yes. 



MR. WARREN : He says, at p. 222, which is one of the passages cited 

 by me, in paragraph 172: 



" To the territory of a State belong not only the land within the 

 State boundaries, but also the so-called territorial waters. They con- 

 sist of the rivers, canals, and lakes which water the land, and, in the 

 case of a State with a seacoast, of the maritime belt and certain gulfs, 

 bays, and straits of the sea." 



JUDGE GRAY: I do not understand that. Are you citing that in 

 support of your position ? 



MR. WARREN: Yes, your Honour. That refers to the territorial 

 waters, as including the maritime belt and bays. 



JUDGE GRAY : Will you read it again, please ? 



MR. WARREN: Certainly. When the maritime jurisdiction of a 

 State is referred to, there is included as a matter of law all those 

 waters mentioned in that passage which I just read. 



SIR CHARLES FITZPATRICK: Mr. Warren, I understood your argu- 

 ment to be that it appeared from the correspondence exchanged be- 

 tween the parties that coast and shore were used as convertible 

 terms, that shore means the sinuosities of the coast, and therefore 

 where the words " coast " and " shore " are used in the treaty, by 

 reason of their use in the negotiations you say they are still used as 

 convertible terms. That, I think, was the general result of your 

 argument ? 



MR. WARREN: If you will permit me to go back a little, Sir 

 Charles, in answering that question: I was talking of the treaty of 

 1806, and the use' of the word " coast " and " shore " in the treaty of 

 1806, and not of the correspondence exchanged between the parties. 



SIR CHARLES FITZPATRICK : Oh ! I thought you were. 



MR. WARREN: When I made that comment, I was then directing 

 my remarks entirely to articles 12 and 19 of the treaty of 1806. 



SIR CHARLES FITZPATRICK: Yes. I thought you had referred to 

 the correspondence exchanged previous to that time, and that the 

 treaty of 1806 was referred to in connection with the treaty of 1818, 

 as something that would explain those terms in that treaty. 



MR. WARREN: If you recollect, Sir Charles, there was no corre- 

 spondence between the parties prior to 1806 about this question, be- 

 cause between 1783 and 1812, the United States vessels had the right 

 under the treaty of 1783 to fish in all the waters. 



