AWARD OF THE TRIBUNAL. 87 



mous — i.e., on all points which, in the opinion of the Tribunal, are of essen- 

 tial importance — the Tribunal shall make its Award as to the regulations 

 concerned after consideration of the conclusions of the expert Commis- 

 sioners and after hearing argument by counsel. 



But while recognising its responsibilities to meet the obligations imposed 

 on it under Article III of the special agreement, the Tribunal hereby rec- 

 ommends as an alternative to having recourse to a reconvention of this 

 Tribunal, that the Parties should accept the unanimous opinion of the 

 Commission or the opinion of the non-national Commissioner on any points 

 in dispute as an arbitral Award rendered under the provisions of chapter iv 

 of The Hague Convention of 1907. 



AS TO ARTICLE IV. 



Pursuant to the provisions of this article hereinbefore cited, this Tribunal 

 recommends for the consideration of the Parties the following rules and 

 method of procedure under which all questions which may arise in the 

 future regarding the exercise of the liberties above referred to may be 

 determined in accordance with the principles laid down in this Award. 



1. All future municipal laws, ordinances or rules for fhe regulation of 

 the fishery by Great Britain in respect of (1) the hours, days or seasons 

 when fish may be taken on the treaty coasts; (2) the method, means and 

 implements used in the taking of fish or in cari-ying on fishing operations; 

 (3) any other regulation of a similar character shall be published in the 



" London Gazette " two months before going into operation. 

 118 Similar regulations by Canada or Newfoundland shall be similarly 



published in the " Canada Gazette " and the " Newfoundland 

 Gazette " respectively. 



2. If the Government of the United States considers any such laws or 

 regulations inconsistent with the treaty of 1818. it is entitled to so notify 

 the Government of Great Britain -wdthin the two months referred to in 

 Rule No. 1. 



3. Any law or regulation so notified shall not come into effect with 

 respect to inhabitants of the United States until the Permanent Mixed 

 Fishery Commission has decided that the regulation is reasonable within 

 the meaning cf this Award. 



4. Permanent Mixed Fishery Commissions for Canada and Newfoundland 

 respectively shall be established for the decision of such questions as to 

 the reasonableness of future regulations, as contemplated by Article IV 

 of the special agreement; these commissions shall consist of an expert 

 national appointed by either Party for five years. The third member shall 

 not be a national of either Party; he shall be nominated for five years by 

 agreement of the Parties, or failing such agreement within two months, he 

 shall be nominated by Her Majesty the Queen of the Netherlands. The 

 two national members shall be convoked by the Government of Great 

 Britain within one month from the date of notification by the Government 

 of the United States. 



5. The two national members having failed to agree within one month, 

 within another month the full Commisison, under the presidency of the 

 Umpire, is to be convoked by Great Britain. It must deliver its decision, 

 if the two Governments do not agree otherwise, at the latest in three 

 months. The Umpire shall conduct the procedure in accordance with that 

 provided in chapter iv of the Convention for the Pacific Settlement of 

 International Disputes, except in so far as herein other^vise provided. 



