46 COMMISSION OF CONSERVATION 



(e) Because the word "coasts" is used in the plural form whereas 

 the contention would require its use in the singular; 



(/) Because the Tribunal is unable to understand the term "l)ays" 

 in the renunciatory clause in other than its geographical sense, by which 

 a bay is to be considered as an indentation of the coast, 1)earing a con- 

 figuration of a particular character easy to determine specifically, but 

 difficult to describe generally. 



The negotiators of the Treaty of 1818 did not probably trouble 

 themselves with subtle theories concerning the notion of ' ' bays ' ' ; they 

 most probably thought that everybody would know what was a bay. 

 In this popular sense the term must be interpreted in the Treaty. The 

 interpretation must take into account all the individiial circumstances 

 which for any one of the different bays are to be appreciated, the relation 

 of its width to the length of penetration inland, the possibility and the 

 necessity of its being defended by the State in whose territory it is in- 

 dented ; the special value which it has for the industry of the inhabitants 

 of its shores ; the distance which it is secluded from the highways of 

 nations on the open sea and other circumstances not possible to enumer- 

 ate in general. 



For these reasons the Tribunal decides and awards : 



In case of bays the three marine miles are to be measured from a 

 straight line drawn across the body of water at the place where it 

 ceases to have the configuration and characteristics of a bay. At all 

 other places the three marine miles are to be measured following the 

 sinuosities of the coast. 



I5ut considering the Tribunal cannot overlook that this answer to 

 Question V, although correct in principle and the only one possible in 

 view of the want of a sufficient basis for a more concrete answer, is not 

 entirely satisfactory as to its practical applicability, and that it leaves 

 room for doubts and differences in practice. Therefore the Triliunal 

 considers it its duty to render the decision more practicable and to re- 

 move the danger of future difi'erences b.y adjoining to it. a recommenda- 

 tion in virtue of the responsibilities imposed by Art. IV of the Special 

 Agreement. 



Considering, moreover, that in treaties with France, with the North 

 German Confederation and the German Empire and likewise in the North 

 Sea Convention, Great Britain has adopted for similar cases the rule that 

 only bays of ten miles width should be considered as those wherein the 

 fishing is reserved to nationals. And that in the course of the negotia- 

 tions between Great Britain and the United States a similar rule has 

 been on various occasions proposed and adopted by Great Britain in in- 



