1998 NOBTH ATLANTIC COAST FISHERIES ARBITRATION. 



death of the treaty under which the Special Agreement was made. 

 I refer to the question now chiefly in order that I may show that (hat 

 is the view taken by the United State-: and I understand the counsel 

 for Great Britain to express, in behalf of Great Britain, the same 

 view. 



SIR CHARLES FITZPATRICK: That was clearly the intention of the 

 parties. 



SENATOR ROOT : I think it was. I understand the counsel for Great 

 Britain to take that position; and, in behalf of the United States, I 

 accept for the United States that position taken by the counsel for 

 Great Britain, and express the agreement of the United States with 

 that view. 



THE PRESIDENT: May I ask counsel for Great Britain whether we 

 understood the former enunciation by counsel for Great Britain in 

 that sense ? Perhaps it would be convenient to the Attorney-General 

 to make another declaration. 



THE ATTORNEY-GENERAL: I am sorry to say that I was engaged 

 in another duty; I was writing a letter, and I did not catch Mr. 

 Root's remarks, but I will make myself acquainted with their pur- 

 port, and then I will make some further observation to the Tribunal. 



THE PRESIDENT : If you please. 



JUDGE GRAY: You will observe, Senator, that article 2 of the 

 treaty of 1908 provides that : 



"the high contracting parties, before appealing to the Permanent 

 Court of Arbitration, shall conclude a special agreement defining 

 clearly the matter in dispute, the scope of the powers of the arbi- 

 trators," etc. 



That has some significance, has it not? 



SENATOR ROOT: That, I suppose, would apply 



JUDGE GRAY : To the dispute ? 



SENATOR ROOT: I suppose it would apply primarily to the powers 

 of this Tribunal. 



SIR CHARLES FITZPATRICK: Yes. that is it. 

 1210 SENATOR ROOT: That was the idea. 



THE PRESIDENT: Has not that which in the regular cas<>> i- 

 the object of the special agreement to be made under article 2 of 

 the general treaty, been done already by article 4 for this purpose? 

 " the matter in dispute, the scope of the powers of the arbitrators " 

 are defined by article 4. 



" the periods to be fixed for the formation of the Arbitral Tribunal 

 and the several stages of the procedure " 



are also fixed by article 4. In referring to article 87 of The Hague 

 Act. on p. 121, article 4 says that these contestations are to be re- 

 ferred to The Hague Court for decision by the summary procedure 



