1220 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



has been cited, and the Tribunal is respectfully referred to pp. 206 

 and 207 of the Printed Argument of the United States. 



It is, of course, understood that the authorities discussing this sub- 

 ject since the great improvement in ballistics are cited with the knowl- 

 edge in mind that in 1818 the 3-marine-mile territorial zone and can- 

 non-shot zone were identified, in any event as between the United 

 States and Great Britain. The authorities which have discussed the 

 rule of international law in a later period are cited merely 'as show- 

 ing that the principle, upon which the right to jurisdiction rests, has 

 continued, although there may be different opinions as to the extent 

 of exclusive territorial jurisdiction over bodies of water indenting 

 the coast of a country based upon the increase of the power's to de- 

 fend. 



735 Many of these later authors have mentioned the extent of 

 territorial jurisdiction over such waters as comprehending 

 bodies of water 10 miles wide. They have in mind the extent as fixed 

 and determined under certain treaties. In the Printed Argument 

 of the United States this statement is made, at p. 215 : 



" The United States does not deny that special agreements between 

 various powers have been entered into providing that all bays which 

 do not exceed ten miles in width are territorial bays; and that such 

 treaties or agreements are binding upon the nationals of the signa- 

 tory powers. The convention of August 2, 1839, between Great 

 Britain and France; the convention of 1867, between the same two 

 powers; the agreement between Great Britain and Germany in 1874; 

 the similar agreement between the German and Danish Governments 

 in 1880; the North Sea Fisheries Convention of May 6, 1882, were all 

 extensions of the territorial sea, and were so regarded." 



The action of the Institute of International Law in 1894 was also 

 referred to in the Printed Argument of the United States as showing 

 that, in the opinion of that learned body, the generally recognised 

 maritime belt should be extended to 6 marine miles, and the width 

 of territorial bays to the double of 6 marine miles, or 12 miles. It 

 was recognised throughout the Proceedings of the Institute that this 

 proposal was based upon the extended range of cannon shot. 



And I refer the Tribunal to the "Annuaire de 1'Institut de Droit 

 International, 1894." 



I have, perhaps, sufficiently drawn the attention of the Tribunal 

 to the fact that the present submission does not involve the examina- 

 tion of those particular cases in any portion of the world, " where "- 

 to use the words of the Institute of International Law " continuous 

 and established usage has sanctioned a greater width " of the terri- 

 torial sea. 



It is well established that there are such exceptions, based upon 

 long-continued assertion of jurisdiction and acquiescence in such 

 assertions by other Powers, but it is respectfully submitted that such 

 exceptions require no examination here. 



