1226 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



We may say that it is reasonable to presume that it extends as far 

 and is necessary for the security of the country and to the extent 

 that continuous possession may be maintained. It would be absurd 

 therefore to extend it to some hundred leagues." 



It is submitted that Burlamaqui here plainly limits the extent to 

 which possession of portions of the sea may be assumed by the power 

 to guard them and by the extent to which "continuous possession 

 may be maintained." 



The learned counsel for Great Britain cited Galiani on p. 253 of 

 the report of his argument, and Azuni at p. 254 of his oral argument. 



The following extract from Galiani's work already referred to was 

 read : 



"It seems to me reasonable, however that without waiting to see 

 whether in point of fact the sovereign of the territory has constructed 

 such a tower or battery, and of what calibre are the cannons he has 

 set up, the distance of three miles from shore should be fixed and 

 given once and for all as that which is surely the greatest that a ball 

 or bomb can be driven with the force of the powder so far discovered. 

 But in places where the land curves and opens into a bay or gulf, it 

 is accepted among the most civilized nations to imagine a line drawn 

 from point to point of that mainland or from the islands which pro- 

 ject beyond the promontories of the mainland and to regard as terri- 

 tory all that gulf of the sea even if the distances from the middle of 

 this to the surrounding coast should be on every side more than three 

 miles" 



I only desire to call attention in passing to the last lines of the 

 extract. 



The quotation from Azuni, which was printed in the British Case 

 at p. 119, and appears in the oral argument of the distinguished coun- 

 sel for Great Britain, at p. 254, is: 



" It is already established among polished nations, that in places 

 where the land by its curve forms a bay or a gulf, we must suppose 

 a line to be drawn from one point of the enclosing land to the other, 

 or along the small islands which extend beyond the headlands of the 

 bay, and that the whole of this bay, or gulf, is to be considered as ter- 

 ritorial sea ; even though the center may be, in some places, at a 

 greater distance than three miles from either shore" 



Counsel draws from these extracts the conclusion that although 

 " the bay at the entrance is more than six miles wide it is to be treated 



as territorial water ; a line is drawn across the mouth and that 

 739 the whole of that gulf is to be regarded as territory. It is an 



express repudiation of the doctrine which it is said was -ac- 

 cepted as established in 1818 by the negotiators of this Treaty. It 

 had never been put forward then, and here, when Galiani has occa- 

 sion to touch upon it, he writes in terms which amount to a repudia- 

 tion." Counsel assumes that the passages " Even if the distances 

 from the middle of this " body of water " to the surrounding coast 



