QUESTION FIVE. 91 



PRACTICE OF OTHER NATIONS. 



The practice of other nations has been summarised in the 



103 British Case, and the Tribunal is respectfully referred to the 

 statement presented there at pages 114 and 115. It is sufficient 



in this place to recall that, by the convention of 1839 between Great 

 Britain and France, it was stipulated that 



" It is equally 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." (British Case, App., p. 32.) 



And that the convention of 1882 between Great Britain, Germany, 

 Belgium, Denmark, France, and the Netherlands, stipulated for 

 exclusion of aliens from a distance of three miles from national 

 shores, and added 



" Pour les baies, le rayon de 3 milles sera mesure a partir d'une 

 ligne droite, tiree en travers de la baie, dans la partie la plus rappro- 

 chee de 1'entree, an premier point ou 1'ouverture n'excedera pas 

 10 milles." (British Case, App., p. 42.) 



These conventions fix, by agreement, a particular limit of ten miles 

 to the bays which are to be treated as territorial on the coasts to 

 which they referred, but they are conclusive to show that apart from 

 particular agreement there is no general limitation of six miles, or, 

 indeed, any general limitation at all. The conventions are in fact a 

 limitation, by agreement, of the rights over enclosed waters which 

 would otherwise be recognised. It will be observed that six Euro- 

 pean Powers were parties to this convention of 1882. 



BEHRING SEA ARBITRATION. 



At the opening of the proceedings of the Behring Sea Arbitration, 

 Mr. Gram, the Arbitrator designated by Sweden and Norway, read 

 a statement in which he said : 



" The peculiarity of the Norwegian Law quoted by the Counsel 

 for the United States consists in its providing for a close season for 

 the whaling. As to its stipulations about inner and territorial waters, 

 such stipulations are simply applications to a special case of the 

 general principles laid down in the Norwegian Legislation concern- 

 ing the gulfs and the waters washing the coasts. A glance on the 

 map will be sufficient to show the great number of gulfs or fiords 

 and their importance for the inhabitants of Norway. Some of these 

 fiords have a considerable development, stretching themselves far 

 into the country and being at their mouth very wide. Never- 



104 theless, they have been from time immemorial considered as 

 inner waters, and this principle has always been maintained, 



even as against foreign subjects. (British Case, App., p. 484.) 



"More than twenty years ago a foreign government once com- 

 plained that a vessel of their nationality had been prevented from 



