AWARD OF THE TRIBUNAL. 101 



Question VII. 



Are the inhabitants of the United States whose vessels resort to 

 the treaty coasts for the purpose of exercising the liberties referred 

 to in Article I of the treat}^ of 1818, entitled to have for those vessels, 

 when duly authorised by the United States in that behalf, the com- 

 mercial privileges on the treaty coasts accorded by agreement or 

 otherwise to United States trading vessels generally? 



Now assuming that commercial privileges on the treaty coasts are 

 accorded by agreement or otherwise to United States trading vessels 

 generally, without any exception, the inhabitants of the United 

 States, whose vessels resort to the same coasts for the purpose of 

 exercising the liberties referred to in Article I of the treaty of 

 127 1818, are entitled to have for those vessels when duly author- 

 ised by the United States in that behalf, the above-mentioned 

 commercial privileges, the treaty containing nothing to the contrary. 

 But they cannot at the same time and during the same voyage exer- 

 cise their treaty rights and enjoy their commercial privileges, because 

 treaty rights and commercial privileges are submitted to different 

 rules, regulations and restraints. 



For these reasons this Tribunal is of opinion that the inhabitants of the 

 United States are so entitled in so far as concerns this treaty, there being 

 nothing in its provisions to disentitle them, provided the treaty liberty of 

 fishing and the commercial privileges are not exercised concurrently, and 

 it is so decided and awarded. 



Done at The Hague, in the Permanent Court of Arbitration, in 

 triplicate original, September 7th, 1910. 



H. Lammasch. 



A. F. De Savornin Lohman. 



George Gray. 



C. FiTZPATRICK. 



Luis M. Drago. 

 Signing the Award, I state pursuant to Article IX, clause 2, of the 

 special agreement, my dissent from the majority of the Tribunal in 

 respect to the considerations and enacting part of the Award as to 

 Question V. 



Grounds for this dissent have been filed at the International 

 Bureau of the Permanent Court of Arbitration. 



Luis M. Drago. 



