APPENDIX 449 



*j 



line drawn across the body of water at the place where 

 it ceases to have the configuration characteristic of a bay. 

 At all other places the three miles are to be measured 

 following the sinuosities of the coast." But no rule is 

 laid out or general principle evolved for the parties to 

 know what the nature of such configuration is or by what 

 methods the points should be ascertained from which the 

 bay should lose the characteristics of such. There lies 

 the whole contention and the whole difficulty, not satis- 

 factorily solved, to my mind, by simply recommending, 

 without the scope of the award and as a system of pro- 

 cedure for resolving future contestations under Article 

 IV of the Treaty of Arbitration, a series of lines, which 

 practical as they may be supposed to be, cannot be adopted 

 by the Parties without concluding a new Treaty. 



These are the reasons for my dissent, which I much re- 

 gret, on Question Five. 



Done at the Hague, September 7th, 1910. 



Luis M. DBAGO. 



