1210 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



729 In the edition of 1767, book II, chap. 2, p. 127, Bynkershoek 

 stated : 



" My opinion is that the territorial sea should extend only as far 

 as it can be considered subject to the mainland. Hence I concede no 

 further dominion over the territorial sea than that which can be 

 exercised from the land ; and there is no reason why a portion of the 

 sea under the control and power of a state should not be called its 

 property as well as any other body of water within its territory. 

 It is, therefore, right to extend the land power and the right of domin- 

 ion and possession as far as the range of cannon. I speak of our times 

 when cannons are in use; otherwise the general principle should be; 

 the sovereignty of the land ends where the force of arms ends, for 

 this, as I said, is considered possession." 



This doctrine of dominium terrce finitur, tibi finitur amnorum vis, 

 while not specifically applied by Bynkershoek to bays, was undoubt- 

 edly considered by him as just as applicable to bodies of water in- 

 denting the shores of a nation as to any other part of the sea. 



The principle that in 1818 jurisdiction over arms of the sea could 

 be obtained only on the ground of power to defend by cannon shot 

 from the opposite shores, or on the ground of assertion of jurisdic- 

 tion and acquiescence therein, or by some definite agreement by 

 treaty, I support by all the authoritative writers on the subject. 

 Some of these works have been cited and read by the Counsel for 

 Great Britain to support a contrary doctrine, but an examination of 

 the books will show that they uniformly support the view now ad- 

 vanced by the United States: 



Vattel, " Le Droit des Gens," first published in 1758, citing from 

 London edition of 1760, book I, chap. 23; British extract, p. 2: 



"All we have said of the parts of the sea near the coast may be said 

 more particularly, and with much greater reason, of the roads, bays, 

 and straights, as still more capable of being occupied, and of greater 

 importance to the safety of the country. But I speak of the bays and 

 streights of small extent; and not of those great parts of the sea to 

 which these names are sometimes given, as Hudson's Bay and the 

 Streights of Magellan, over which the empire cannot extend, and 

 still less a right of property. A bay whose entrance may be defended, 

 may be possessed and rendered subject to the laws of the sov- 

 ereign. . . ." 



Neyron, " Principes du Droit des Gens," published in 1783, p. 

 239: 



" Without speaking of the extent of the adjacent seas, which several 

 authors have determined differently, it is recognized, without treaty, 

 by general consent that states have a right of property in maritime 

 districts to the range of a cannon shot (a right which has its appli- 

 cation principally in time of war, and also in the matter of fisheries) ." 



G. F. de Martens, " Precis du Droit des Gens," first published in 

 1785, citing from edition of 1864, sees. 40 and 41; United States 

 extract, pp. 1 and 2: 



