NORTH ATLANTIC FISHERIES DISPUTE 41 



and civilization of the then leading eoinmereial nation of the world. To 

 impose restrictions making the exercise of such privileges conditional 

 upon the payment of light, harbour or other dues, or entering and re- 

 porting at custom houses, or any similar conditions would be inconsistent 

 with the grounds upon which such privileges rest and therefore it is not 

 pei'missible. 



And it is decided and awarded that such restrictions are not per- 

 missible. 



It seems reasonable, however, in order that these privileges accorded 

 by Great Britain on these grounds of hospitality and humanity should 

 not be abused, that the American fishermen entering such bays for any 

 of the four purposes aforesaid and remaining more than 48 hours there- 

 in, should be required, if thought necessary by Great Britain or the 

 Colonial Government, to report, either in person or by telegraph, at a 

 custom house or to a customs otlicial, if reasonably convenient oppor- 

 tunity therefor is afforded. 



And it is so decided and awarded. 



QUESTION V 



Prom where must be measured the "three marine miles of any of 

 the coasts, bays, creeks, or harbours" referred to in the said Article? 



In regard to this question, Great Britain claims that the renun- 

 ciation applies to all bays generally and 



The United States contend that it applies to bays of a certain 

 class or condition. 



Now, considering that the Treaty used the general term "bays" 

 without qualification, the Tribunal is of opinion that these words of the 

 Treaty must be interpreted in a general sense as applying to every bay on 

 the coast in question that might be reasonably supposed to have been 

 considered as a bay by the negotiators of the Treaty under the general 

 conditions then prevailing, unless the United States can adduce satis- 

 factory proof that any restrictions or qualifications of the general use of 

 the term were or should have been present to their minds. 



And for the purpose of such proof the United States contend : 



1°. That while a State may renounce the treaty right to fish in 

 foreign territorial waters, it cannot renounce the natural right to 

 fish on the High Seas. 



But the Tribunal is unable to agree with this contention. Because, 

 though a State cannot grant rights on the High Seas, it certainly can 

 abandon the exercise of its right to fish on the High Seas within certain 



