1224 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



belonging to a territory, in so far as those who sail in that part of 

 the sea can be compelled from the shores as if they were on land." 



It is respectfully submitted that this extract from Grotius, in which 

 he defines the means by which empire over a portion of the sea may 

 be acquired and maintained by the nation possessing the adjacent 

 territory, and the extent to which this acquisition is possible, limits 

 the extent by the power of control. 



Grotius thus aligns himself with the doctrine that the expanse of 

 water over which territorial jurisdiction may extend is limited 

 by the power to defend it, and Bynkershoek later formulated this 

 principle, and designated the means by which this control might be 

 maintained. 



This is the true position of Grotius on the question of control over 

 portions of the sea by the possessor of the land which the body of 

 water indents, and the far-reaching doctrine which counsel endeav- 

 ours to deduce from the writings of Grotius is, I submit, without 

 foundation. 



I have cited what Grotius said and have explained it by citing from 

 portions of his work, and I submit that the language 



" provided it be not such a portion of the sea as is too large to appear 

 part of the land- 

 is not susceptible of the meaning put upon it by the distinguished 

 counsel for Great Britain. 



It would seem that it was perfectly clear that what Grotius had in 

 mind was a body of water which was not too large, but that when look- 

 ing across it, it would appear as a part of the land by reason of the 

 fact that one could discern and distinguish objects on the other side. 



One looking out upon, for one cannot see across an enormous ex- 

 panse such as the so-called geographical Placentia Bay, in New- 

 foundland, would not certainly think that it seemed to be a part of 

 the land. 



When such bodies of water were so small that they were identified 

 with the land, because of the ability to look across the body of water 

 and see the opposite shore, and therefore to regard the intervening 

 water as merely a part of the territory of the State, they were con- 

 sidered by Grotius as such bodies of water as would appear part of 

 the land. 



This view of Grotius was subsequently adopted into the common 

 law of England, and later, as I have shown, was followed in the 

 decisions of the Courts of the United States, and later was fixed by 

 statutes in some States at double the width of the territorial zone 

 of 3 marine miles. 



The test of the power to see and discern and distinguish objects 

 was abandoned for the fixed rule of twice the width of the 3-mile 

 zone. 



