NORTH ATLANTIC FISHERIES DISPUTE 33 



Treaty and not in violation thereof, the Treaty of 1818 contains no 

 special provision. The settlement of differences in this respect that 

 might arise thereafter v/as left to the ordinary means of diplomatic 

 intercourse. By reason, hov/ever, of the form in which Question I is 

 put, and by further reason of the admission of Great Britain by her 

 counsel before this Tribunal that it is not now for either of the parties 

 to the Treaty to determine the reasonableness of any regulation made 

 by Great Britain, Canada or Newfoundland, the reasonableness of any 

 such regulation, if contested, must be decided not by either of the 

 parties, but by an impartial authority in accordance with the principles 

 hereinabove laid down, and in the manner proposed in the recom- 

 mendations made by the Tribunal in virtue of Article IV of the Agree- 

 ment. 



The Tribunal further decides that Article IV of the Agreement is, 

 as stated by the counsel of the respective Parties at the argument, per- 

 manent in its effect, and not terminable by the expiration of the Gen- 

 eral Arbitration Treaty of 1908, between Great Britain and the United 

 States. 



In execution, therefore, of the responsibilities imposed upon this 

 Tribunal in regard to Articles II, III and IV of the Special Agreement, 

 we hereby pronounce in their regard as follows : 



AS TO ARTICLE II 



Pursuant to the provisions of this Article, hereinbefore cited, 

 either Party has called the attention of this Tribunal to acts of the 

 other claimed to be inconsistent with the true interpretation of the 

 Treaty of 1818. 



But in response to a request from the Tribunal, recorded in Pro- 

 tocol No. XXVI of 19th July, for an exposition of the grounds of such 

 objections, the Parties replied as reported in Protocol No. XXX of 28th 

 July to the following effect : 



His Majesty's Government considered that it would be unneces- 

 sary to call upon the Tribunal for an opinion under the second clause 

 of Article II. in regard to the executive act of the United States of 

 America in sending warships to the territorial waters in question, in 

 view of the recognized motives of the United States of America in tak- 

 ing this action and of the relations maintained by their representatives 

 with the local authorities. And this being the sole act to which the 

 attention of this Tribunal has been called by His Majesty's Govern- 

 mnet, no further action in their behalf is required from this Tribunal 

 under Article II. 



The United States of America presented a statement in which 

 their claim that specific provisions of certain legislative and executive 



