AWAED OF THE TfilBUNAL. 97 



sense, by which a bay is to be considered as an indentation of the 

 coast, bearing a configuration of a particular character, easy to de- 

 termine specifically, but difficult to describe generally. 



The negotiators of the treaty of 1818 did probably not trouble 

 themselves with subtle theories concerning the notion of " bays " ; 

 they most probably thought that everybody would know what was 

 a bay. In this popular sense the term must be interpreted in the 

 treaty. The interpretation must take into account all the individual 

 circumstances Avhich, for any one of the different bays, are to be 

 appreciated; the relation of its width to the length of penetration 

 inland ; the possibility and the necessity of its being defended by the 

 State in whose territory it is indented; the special value which it 

 has for the industry of the inhabitants of its shores; the distance 

 which it is secluded from the highways of nations on the open sea 

 and other circumstances not possible to enumerate in general. 



For these reasons the Tribunal decides and awards: 



In case of bays, the three m.a.rine miles are to be measured from a straight 

 line drawn across the body of water at the place where it ceases to have the 

 configuration and characteristics of a bay. At all other places the three 

 marine miles are to be measured following the sinuosities of the coast. 



But considering the Tribunal cannot overlook that this answer to 

 Question V, although correct in principle, and the only one possible 

 in view of the want of a sufficient basis for a more concrete answer, is 

 not entirely satisfactory as to its practical applicability, and that it 

 leaves room for doubts and differences in practice: Therefore the 

 Tribunal considers it its dut}' to render the decision more practicable, 

 and to remove the danger of future differences by adjoining to it a 

 recommendation in virtue of the responsibilities imposed by Article 

 IV of the special agreement. 



Considering, moreover, that in treaties with France, with the 

 North German Confederation and the German Empire, and likewise 

 in the North Sea Convention, Great Britain has adopted for similar 

 cases the rule that only bays of ten miles width should be considered 

 as those wherein the fishing is reserved to nationals: And that in 

 the course of the negotiations between Great Britain and the United 

 States a similar rule has been on various occasions proposed and 

 adopted by Great Britain in instructions to the naval officers sta- 

 tioned on these coasts : And that though these circumstances are not 

 sufficient to constitute this a principle of international law, it seems 

 reasonable to propose this rule Avith certain exceptions, all the more 

 that this rule, with such exceptions, has already formed the basis of 

 an agreement between the two Powei's. 



Now, therefore, this Tribunal, in pursuance of the provisions of Article 

 IV, hereby recommends for the consideration and acceptance of the High 



