1248 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



reason that the negotiators for the United States stipulated that that 

 water should be the territorial water of Great Britain, in respect of 

 these fisheries, was because if they had not a fisherman would have 

 had nothing to guide him in keeping away from the shore," 



And the negotiators gave up some non-territorial water for this 

 reason. 



" and when he reached a bay he might have gone in until he touched 

 the six-mile line across, and then if he went one inch over he would 

 have been in the exclusive waters of Great Britain, and a difficulty 

 and a complication would have occurred. Therefore, in order to 

 avoid that complication and difficulty, they laid down that rule which 

 Professor Westlake at page 187 of his volume on International Law 

 says is now the rule. He states it thus: 



" ' The line drawn from shore to shore at the part where, in ap- 

 proaching from the open sea, the width first contracts to that men- 

 tioned, will take the place of the line of low water, and the littoral 

 sea belonging to the state will be measured outwards from that line 

 to the distance, three miles or more, proper to the state.' " 



THE PRESIDENT: You are quoting now the discussion between Mr. 

 Warren and myself. Therefore, I feel compelled to confess that when 

 I asked that question of Mr. Warren I was, I think, under the in- 

 fluence of a misunderstanding. I had in view the drawing submitted 

 by Sir. Robert Finlay and the drawing of the Institut Annuaire de 

 Droit International by Sir Thomas Barclay. In both drawings there 

 is a straight line drawn parallel to the 6-mile line. The 6-mile line 

 connects both shores and to this 6-mile line there is drawn a straight 

 parallel 3 miles outside towards the sea. If one construes the triangle 

 in that way there will be spaces in the triangle a greater distance from 

 the bay than 3 miles. Under this impression I asked the question of 

 Mr. Warren whether there were any places in his triangle at a greater 

 distance not only from the shores but also from the bays than 3 miles. 

 But, afterwards, Mr. Warren submitted his chart and the triangle as 

 shown on his chart differs in one point from the triangle of Sir 

 Robert Finlay. He does not draw a straight line parallel to the line 

 which joins both coasts, but he draws his line with a compass and in 

 drawing the line with a compass he gets at a triangle that is not con- 

 fined outside to the sea by a straight line, but by a segment of the 

 circle and in that way he obviates the difficulty of having places in 

 the triangle at a greater distance than 3 miles from the bay. He calls 

 the last point in the bay the apex, and I believe there is no point in 

 this triangle with the circle drawn towards the open sea, which is a 

 greater distance than 3 miles from the apex. I felt obliged to admit 

 that, because I am under the impression that I put my question to 

 Mr. Warren under another supposition than that which he had in 

 mind. I supposed a triangle constructed in the form of that shown 

 by Sir Robert Finlay and Sir Thomas Barclay while he had another 

 triangle in view, and, therefore, the objection I made to the triangle 



