THE INADEQUACY OF THE THREE-MILE LIMIT 725 



cases where the right of a nation to legislate for waters more 

 or less landlocked, though beyond the three-mile limit, had 

 been admitted. " It seems to me, therefore," continued Lord 

 Dunedin, " without laying down the proposition that the Moray 

 Firth is for every purpose within the territorial sovereignty, it 

 can at least be clearly said that the appellant cannot make out 

 his proposition that it is inconceivable that the British Legisla- 

 ture should attempt for fishery regulation to legislate against 

 all and sundry in such a place. And if that is so, then I revert 

 to the considerations already stated, which, as a matter of con- 

 struction, make me think that it did so legislate." He did not 

 think any argument could be drawn from the definition of 

 ' exclusive fishery limit " in the North Sea Convention, inas- 

 much as the Convention, as a whole, did not deal with what 

 was here in question viz., mode of fishing ; and the Act 

 treated subjects and foreigners alike in the matter. 



Lord Kyllachy also held that, on the point of construction, 

 the intention of the Act was that in no part of the area should 

 trawling be practised by anybody ; the terms were definite and 

 applied to a quite definite area ; it would be easier to suppose 

 that the Legislature had reached even an erroneous conclusion 

 as to the extent of its jurisdiction, than that it had resolved 

 deliberately to impose a futile restriction upon its own country- 

 men and at the same time to create a hurtful monopoly in 

 favour of foreigners. With regard to the territorial or 

 non-territorial character of the Moray Firth, it seemed vain 

 to suggest that according to international law there was any 

 part of it which was simply an area of the open sea, and thus 

 in the same position as if it were situated, say, in the middle 

 of the German Ocean. The whole Firth was prima facie a 

 " bay," with two well-marked headlands, and stretching inwards 

 for many miles into the heart of the country. All that could 

 be said against this was that at its outer end the Firth was 

 very wide, and of a size, if not also of a configuration, some- 

 what beyond what is usually characteristic of bays and 

 estuaries ; but that might or might not be so, and the 

 cases of the Bristol Channel, the Firth of Clyde, and the 

 Firth of Forth would have to be considered before the pro- 

 position could be affirmed. There was no established rule 

 on the subject in international law, and in particular no rule 



