DISSENTING OPINION OF DR. DRAGO ON QUESTION FIVE, 107 



from treaties entered into by them with other nations as to fisheries, 

 may be evolved the right interpretation to be given to the particular 

 convention which has been submitted. In this connection the fol- 

 lowing treaties may be recited: — 



Treaty between Great Britain and France, 2nd August, 1839. It 

 reads as follows: — 



"Article 9. The subjects of Her Britannic Majesty shall enjoy the 

 exclusixe right of fishery within the distance of three miles from low 

 water mark along the whole extent of the coasts of the British 

 Islands. 



" It is agreed that the distance of three miles fixed as the general 

 limit for the exclusive right of fishery upon the coasts of the two 

 countries shall, with respect to bays, the mouths of which do not 

 exceed ten miles in width, be measured from a straight line drawn 

 from headland to headland. 



"Article 10. It is agreed and understood that the miles mentioned 

 in the present convention- are geographical miles, whereof 60 make a 

 degree of latitude." (Hertslet's Treaties and Conventions, vol. v, 

 p. 89.) 



Regulations between Great Britain and France, 24:th May, 1843 : — 



"Art. 2. The limits within which the general right of fishery is 

 exclusively reserved to the subjects of the two kingdoms respectively 

 are fixed (with the exception of those in Granville Bay) at 3 miles 

 distance from low water mark. 



" With respect to bays, the mouths of which do not exceed ten 

 miles in width, the 3 mile distance is measured from a straight line 

 drawn from headland to headland. 



"Art. 3. The miles mentioned in the present regulations are geo- 

 graphical miles, of which 60 make a degree of latitude." (Hertslet, 

 vol. vi, p. 416.) 



Treaty between Great Britain and France, November 11, 1867: — 



"Art. 1. British fishermen shall enjoy the exclusive rights of fishery 

 within the distance of 3 miles from low-water mark, along the whole 

 extent of the coasts of the British islands. 



" The distance of 3 miles fixed as the general limit for the ex- 

 clusive right of fishery upon the coasts of the two countries shall, 

 with respect to bays, the mouths of which do not exceed ten miles in 

 width be measured from a straight line drawn from headland to 

 headland. 



" The miles mentioned in the present convention are geographical 

 miles, whereof 60 make a degree of latitude." (Hertslet's Treaties, 

 vol. xii, p. 1126, British Case Appendix, p. 38.) 



Great Britain and North German Confederation. British notice 

 to fishermen by the Board of Trade. Board of Trade, November 

 1868 :— 



" Her Majesty's Government and the North German Confederation 

 having come to an agreement respecting the regulations to be ob- 

 served by British fishermen fishing off the coasts of the North Ger- 



