COUNTER-CASE OF GREAT BRITAIN. 81 



(L.) — Russia: Commander and Bobben Islands. 



THE RUSSIAN REGULATIONS APPLY ONLY TO TERRITO- 

 RIAL WATERS. 



The Eassiau Regulations of 1881 are printed at p. 116 of united states 

 the British Case, and the extent of jurisdiction claimed by Case, p. 229. 

 Russia is fully dealt with at pp. 113-117. It is there shown 

 that these Regulations applied only to the "territorial 

 waters of Russia." 



(IVI.) — Ireland. 



THERE IS NO BYE-LAAV UNDER "THE SEAL FISHERIES 

 ACT, 1868," WITH EXTRA-TERRITORIAL OPERATION ON 

 FOREIGNERS. 



As to Ireland, the British Government have never iwd., p. 232. 

 assumed to put in force against foreigners any bye-laws 

 made under "The Seal Fisheries Act, 1868," affecting 

 waters outside territorial limits. And although this Act is 

 relied on in the United States Case as authorizing the asser- 

 tion of jurisdiction over foreigners out>ide those limits, no Bye-iaws with 

 bye-law having that effect exists, and it would be contrary ^^'^^ operation 

 to the practice of the British Government that any such Brufsh Govern^ 

 bye laws should be made, unless in pursuance of some ^a^\"°^^r^^gP^^' 

 Treaty with the Power whose subject may be affected. 



(N.) — Scotland. 



SIMILAR REMARKS HERE. 



Similar remarks apply to "The Scotch Herring Fishery 

 Act of 1869," and to all other Acts of the British Parlia- 

 ment which, in terms not expressly limited to British sub- 

 jects, authorize fishery bye-laws affecting non-territorial 

 waters. 



(O.) — Ceylon. 



THE TITLE OF THE BRITISH GOVERNMENT TO THE CEY- 

 LON PEARL FISHERIES IS PRESCRIPTIVE. 



The legislation affecting the pearl fisheries of Ceylon is iwd.,p.233. 

 relied on in the Case of the United States as an example 

 of the exercise of ex-territorial jurisdiction upon the high 

 seas. The claim of Ceylon is not to an exceptional extent 

 of water forming part of the high seas as incidental to the 

 territorial sovereignty of the island, but is a claim to the 

 products of certain submerged portions of land, which have 



been treated from time immemorial by the succes- 

 94 sive Rulers of the island as subjects of ijroperty and 



jurisdiction. 



B s, PT VIII 6 



