THE FISHERY CONVENTIONS 633 



vention of 1867, they argued that the rules laid down on this 

 subject in the convention in question ought not to apply to the 

 North Sea; in many instances these rules had reference only 

 to the interests of oyster fisheries, which, they said, did not 

 exist in the North Sea. The French contention regarding bays 

 was thus similar to that of the United States in the negotia- 

 tions concerning the treaty of 1818 ; and it was of course to the 

 interest of France, whose own coast would be but little affected, 

 and whose fisheries along the British coast in the North Sea 

 were of great importance, to have the exclusive fishery limit- 

 made as narrow as possible. 



The proposal that the territorial waters for fishery purposes 

 ought to be precisely defined, and that the limit on the open 

 coast should be fixed at three geographical miles from low- 

 water mark, was generally accepted, Belgium alone supporting 

 the British view that it was better not to define them in the 

 convention. But as regards bays, objection was taken to the 

 French scheme on the part of Germany, with special reference 

 to the mouth of the Elbe, which was declared to be a part 

 of the sea belonging exclusively to Germany ; and on the 

 part of Norway, on the ground that that country could not 

 agree to fix the limit at three miles, particularly with respect 

 to bays. The rights which particular states might have 

 acquired, it was urged, ought not to be prejudiced, and " bays 

 should continue to belong to the State to which they at present 

 belonged." The French delegates then formulated their pro- 

 position in the following terms : " In the North Sea the 

 limit of the part known as territorial waters (mer territoriale) 

 is fixed, whatever may be the configuration of the country, 

 at three miles from low- water mark, along the whole length 

 of the shores of ... It is, however, understood that this 

 shall not be taken to modify in any way the rights acquired 

 on certain parts of their coasts by the different Powers to 

 whom the shore belongs ; " or else, " It is, however, understood 



O " 



that the present convention shall not be taken to modify in 

 any way the rights which any Government may possess out- 

 side the three-mile limit in bays." 



As the British and French delegates could not agree on 

 this subject, further discussion was postponed until the former 

 had consulted their Government. When this was done, they 



