NORTH ATLANTIC FISHERIES DISPUTE 51 



For these reasons this Tribunal is of opinion that the inhabitants 

 of the United States are so entitled in so far as concerns this Treaty, 

 there being nothing in its provisions to disentitle them provided the 

 Treaty liberty of fishing and the commercial privileges are not exer- 

 cised concurrently and it is so decided and awarded. 



Done at the Hague, in the Permanent Court of Arbitration, in trip- 

 licate original, September 7, 1910. 



H. LAMMASCH 



A. F. DE SAVORNIN LOHMAN 



GEORGE GRAY 



C. FITZPATRICK 



LUIS M. DRAGO 



Signing the Award, I state pursuant to Article IX clause 2 of the 

 Special Agreement ray dissent from the majority of the Tribunal in 

 respect to the considerations and enacting part of the Award as to Ques- 

 tion V. 



Grounds for this dissent have been filed at the International Bureau 

 of the Permanent Court of Arbitration. 



LUIS M. DRAGO 



GROUNDS FOR THE DISSENT TO THE AWARD ON QUESTION V 



BY DR. LUIS M. DRAGO 



Counsel for Great Britain have very clearly stated that according to 

 their contention the territoriality of the bays referred to in the Treaty of 

 1818 is immaterial because whether they are or are not territorial, the 

 United States should be excluded from fishing in them by the terms of 

 the renunciatory clause, which simply refers to ' ' bays, creeks or harbours 

 or His Britannic Majesty's Dominions" without any other qualification 

 or description. If that were so, the necessity might arise of discussing 

 whether or not a nation has the right to exclude another by contract or 

 otherwise from any portion or portions of the high seas. But in my 

 opinion the Tribunal need not concern itself with such general question, 

 the wording of the Treaty being clear enough to decide the point at 

 issue. 



Article I begins with the statement that differences have arisen 

 respecting the liberty claimed by the United States for the inhabitants 

 thereof to take, dry and cure fish on ' ' certain coasts, bays, harbours and 

 creeks, of His Britannic Majesty's Dominions in America," and then 

 proceeds to locate the specific portions of the coast with its corresponding 

 indentations, in which the liberty of taking, drying and curing fish should 



