1216 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



" Thus bays and gulfs are considered as comprised within the do- 

 main of the territorial sovereign if their extent is not such that it is 

 impossible to defend their entrance from the shore. In other words, 

 if they may be defended either by maritime force, by the cross fire of 

 cannons placed at their entrance, or naturally by rocks, sandbanks, 

 islands, etc. But the principle of the liberty of the seas is not to be 

 modified with reference to bays and gulfs of wide extent. We must 

 apply to them the principles set forth with reference to the territorial 

 sea," 



Testa, " Le Droit Public International Maritime," French edition, 

 1886, p. 69; United States extract, pp. 1 and 2: 



" Gulfs and Bays. The considerations above advanced apply 

 equally of gulfs and bays whose shores belong to the same power when 

 the entrance or mouth is not so wide as to be unable to be commanded 

 by the crossfire of artillery, or when they are naturally defended 

 by islands, banks or reefs, which render their permanent or effective 

 possession possible." 



Piedelievre, " Precis de Droit International Public ou Droit Inter- 

 national," published in 1894, vol. I, sec. 417; United States extract, 

 p. 4:- 



"Gulfs and bays. Are gulfs and bays or considerable portions of 

 the sea which encroach upon the land to be considered as subject to 

 the territorial sovereignty of the adjacent state? The general rule 

 makes them part of the territorial sea when their extent is such that 

 it is not impossible to defend their entrance from the shore. That 

 is to say, they are under the sovereignty of a riparian state when they 

 do not exceed in width the double range of the cannon placed on 

 the shore, or when their entrance may be protected by artillery or is 

 naturally protected by islands, banks or rocks. In all these cases it 

 is evident that gulfs and bays are within the control of the state, 

 proprietor of the land which encloses them. This state has the actual 

 possession. 



"As to gulfs and bays which do not fulfil one or the other of these 

 conditions they are free as the sea of which they constitute a natural 

 part, except that portion corresponding to the marginal sea of the 

 adjacent state, which is subject to the principles heretofore enunciated." 



Rivier, " Principes des Droit du Gens," vol. I, p. 154 ; United 

 States extract, p. 4 : 



" In conformity with what we have just said, portions of the sea or 



seas, which are, by reason of their configuration, called gulfs 



733 or bays, are territory when they are surrounded by the land of 



a single state or when their entrance is sufficiently narrow to be 



commanded by cannon from its shores ; but as soon as there are several 



bordering states, the gulf is a free sea, whatever, the width of its 



entrance. A gulf, even though surrounded by a single state, is a free 



sea if its entrance is too wide to be dominated from the shore." 



Despagnet, " Cours de Droit International Public," first published 

 in 1894, citing from second edition, 1899, sec. 415; United States 

 extract, pp. 3 and 4 : 



