254 HISTORICAL GEOGRAPHY OF NEWFOUNDLAND 



grounds of public order and morals ; {c) equitable and fair as 

 between local fishermen and the inhabitants of the United 

 States) — be subject to the consent of the United States ? 



The Tribunal decides and awards as follows : — 



The right of Great Britain to make regulations without the 

 consent of the United States, as to the exercise of the liberty to 

 take fish referred to in Article I of the Treaty of October 20, 

 18 18, in the form of municipal laws, ordinances, or rules of 

 Great Britain, Canada, or Newfoundland, is inherent to the 

 sovereignty of Great Britain. 



The exercise of that right by Great Britain is, however, 

 limited by the said Treaty in respect of the said liberties therein 

 granted to the inhabitants of the United States in that such 

 regulations must be made bona fide and must not be in violation 

 of the said Treaty. 



Regulations which are (i) appropriate or necessary for the 

 protection and preservation of such fisheries, or (2) desirable or 

 necessary on grounds of public order and morals without un- 

 necessarily interfering with the fishery itself, and in both cases 

 equitable and fair as between local and American fishermen, 

 and not so framed as to give unfairly an advantage to the former 

 over the latter class, are not inconsistent with the obligation to 

 execute the Treaty in good faith, and are therefore reasonable 

 and not in violation of the Treaty. 



For the decision of the question whether a regulation is or is 

 not reasonable, as being or not in accordance with the dis- 

 positions of the Treaty and not in violation thereof, the Treaty 

 of 1 81 8 contains no special provision. The settlement of 

 differences in this respect that might arise thereafter was left 

 to the ordinary means of diplomatic intercourse. By reason, 

 however, of the form in which Question I is put, and by further 

 reason of the admission of Great Britain by her counsel before 

 this Tribunal that it is not now for either of the parties to the 

 Treaty to determine the reasonableness of any regulation made 

 by Great Britain, Canada, or Newfoundland, the reasonableness 

 of any such regulation, if contested, must be decided, not by 

 either of the parties, but by an impartial authority in accordance 

 with the principles hereinabove laid down, and in the manner 

 proposed in the recommendations made by the Tribunal in 

 virtue of Article IV of the Agreement. 



