2024 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



be derided. Nobody would suggest for a moment that such an obli- 

 iration as that fails to carry with it all the laws which will attach to 

 the exercise of local jurisdiction." 



That is a full statement of the view. My observation does not 

 agree with that of the Attorney-General regarding the interpreta- 

 tion of treaties. To begin with, under the condition of interna- 

 tional law and practice as it was in 1818, the general, practically the 

 universal, rule, in treaties granting trade and travel rights, was to 

 include an express reservation of the right of municipal regulation 

 and control. 



If we turn to the treaties in our own record here the Jay Treaty 

 (British Case Appendix, p. 20), the treaty between Great Britain 

 and the United States of 1794. It begins on p. 16. I read from 

 the last paragraph in article 13, in which trading rights in the East 

 Indies are given. That paragraph is: 



"And the citizens of the United States, whenever they arrive in 

 any port or harbour in the said territories, or if they should be per- 

 mitted in manner aforesaid, to go to any place therein, shall always 

 be subject to the laws, Government, and jurisdiction of what nature 

 established in such harbour, port, or place, according as the same 

 may be." 



And in article 14, which gives generally trading rights, the last 

 clause on p. 21 is: 



" but subject always as to what respects this article to the laws and 

 statutes of the two countries respectively." 



The men who made that treaty understood that when governments 

 granted even the temporary and reciprocal right of residence and 

 travel, entry for ships, residence and travel for citizens, there should 

 be an express reservation of subordination to the municipal laws and 

 regulations The unratified treaty of 1806 between the United 

 States and Great Britain, in the American Counter-Case Appendix, 

 at p. 19. grants trading rights, and provides (in the next to the last 

 sentence in article 3) : 



"And the citizens of the United States, whenever they arrive in 

 any port or harbor in the said territories, or if they should be per- 

 mitted in manner aforesaid to go to any other place therein, shall 

 always be subject to the laws, government, and jurisdiction of what- 

 ever nature, established in such harbor, port, or place, according as 

 the same may be." 



The commercial treaty of 1815 between Great Britain and the 

 United States, found in the British Case Appendix at p. 29, in 

 Article 1. confers rights stated thus: 



" The inhabitants of the two countries, respectively, shall have lib- 

 erty freely and securely to come with their ships and cargoes to all 

 such places, ports, and rivers in the territories aforesaid, to which 

 other foreigners are permitted to come, to enter into the same, and 

 to remain and reside in any parts of the said territories, respectively; 



