AWARD OF THE TRIBUNAL. 85 



regulation to such an impartial arbitral test, affording full oppor- 

 tunity therefor, as is hereafter recommended under the authority 

 of Article IV of the special agreement, whenever the reasonableness 

 of any regulation is objected to or challenged by the United States 

 in the manner, and within the time hereinafter specified in the said 

 recommendation. 



Now therefore this 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 20th, 1818, in the foi'ni 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 (1) appropriate or necessai-y for the protection and 

 preservation of such fisheries, or (2) desirable or necessary on grounds of 

 public order and morals without unnecessarily 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 reason- 

 able, as being or not in accordance with the dispositions of the treaty and 

 not in violation thereof, the treaty of 1818 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 admis- 

 sion 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 recom- 

 mendations made by the Tribunal in virtue of Article IV of the agreement. 



The Tribunal further decides that Article IV of the agreement is, as 

 stated by counsel of the respective Parties at the argument, permanent in 

 its effect, and not terminable by the expiration of the General Arbitration 

 Treaty of 1908 between Great Britain and the United States. 



In execution, therefore, of the responsibilities imposed upon this Tribunal 

 in regard to Articles II, III and IV of the special agreement, we hereby 

 pronounce in their regard as follows: — 



AS TO ARTICLE II. 



Pursuant to the provisions of this article hereinbefore cited, either 

 Party has called the attention of this Tribunal to acts of the other claimed 

 to be inconsistent with the true interpretation of the treaty of 1818. 



But in response to a request from the Tribunal, recorded in Protocol 

 No. 26 of 19th July, for an exposition of the grounds of such objections, 

 the Parties replied as reported in Protocol No. 30 of 28th July to the 

 following effect: — 



