1214 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



which a Nation is entitled to exclusive jurisdiction, and over which its 

 Territorial Law has paramount force and operation, and if they were 

 to designate the extent of tidal waters, over which the Territorial 

 Law of a Nation operates concurrently with the Law of Nations, as 

 its Jurisdiction^ Waters (17). 



"/Section 181. If a sea is entirely enclosed by the Territory of a Na- 

 tion, and has no other communication with the Ocean than by a 

 channel, of which that nation may take possession, it appears that 

 such a sea is no less capable of being occupied and becoming property 

 than the land, and it ought to follow the fate of the country that 

 surrounds it (18). The Black Sea, whilst its shores were in the 

 exclusive possession of the Ottoman Porte, was an instance of a Ter- 

 ritorial Sea of this character. So likewise Straits, which serve as a 

 communication between two seas, and of which the shores on both 

 sides are the Territory of one and the same Nation, are capable of 

 being reduced into the possession of that Nation 



"Section 182. In the case of portions of the Sea, a nation may 

 have a peculiar possession of them, so as to exclude the universal or 

 common use of them by other Nations (23). Lord Stowell held that 

 portions of the Sea might be prescribed for (24) ; and Mr. Justice 

 Story deemed it possible that a Nation might have an exclusive use 

 founded on the acquiescence or tacit consent of other Nations. There 

 is no inconsistency between these views and those of Grotius, who 

 says, ' that he who has occupied any part of the Sea cannot lawfully 

 hinder the navigating therein of ships that are unarmed, and give no 

 room to apprehend danger ; ' for Grotius must be understood as 

 speaking of the natural right of a Nation, and not of an instituted 

 right founded on the tacit consent of other Nations (24). Lord 

 Stowell (25) has observed that the general presumption certainly 

 bears strongly against such exclusive rights, and the title is a matter 

 to be established on the part of those claiming it, in the same man- 

 ner as all other legal demands are to be substantiated by clear and 

 competent evidence ; in other words, by proof of ancient and constant 

 usage." 



Fiore, " Nouveau Droit International Public," first published in 

 1865, citing from Antoine's translation into French of second edition, 

 1885, sec. 808 ; United States extract, p. 7 : 



"The principles which we have just expounded with reference to 

 the territorial sea are equally applicable to bays and gulfs. These 

 latter cannot be considered as being within the domain of the terri- 

 torial sovereignty, unless their extent is so restricted that their waters 

 are entirely within the range of cannon shot from the shore." 



Calvo, "Le Droit International," citing from fifth edition in 

 French, sees. 353 and 367 ; United States extract, pp. 5 and 15 : 



"Section 353. .... 



" The natural limit of a state on the coast is defined by the contour 

 of its shores where they are washed by the tide and where the mari- 

 time dominion begins. In order to facilitate the defense of the coast, 

 the general practice of nations sanctioned by numerous treaties, has 

 been to trace, at a certain distance from the land, an imaginary line 

 which is considered to form the extreme limit of the naaritime fron- 



