INTRODUCTION xciii 



for the regulation of the fisheries of Great Britain or its colonies, affecting 

 the time and manner or other regulations of a similar character, should 

 be published two months before going into effect; that the United States 

 possesses the right to object to such laws or regulations as inconsistent 

 with the Convention of 1818; that such regulations should not go into 

 effect "with respect to inhabitants of the United States until the Per- 

 manent Mixed Fishery Commission [to be established, as provided by 

 the award] has decided that the regulation is reasonable within the 

 meaning of this award." The commission here referred to is to be 

 composed of a representative of Great Britain and the United States 

 under thfe presidency of a citizen or subject of a third power. The 

 meaning of this is perfectly clear. Great Britain cannot regulate the 

 fisheries without the consent of the United States. If the United States 

 does not protest, it is presumed to agree. If it does protest, the regula- 

 tion shall not go into effect. The reasonableness of the regulation no 

 longer depends upon the sovereign pleasure of Great Britain or its 

 colonies, but upon the decision of an arbitral commission, in which 

 Great Britain and the United States are represented, but in which an 

 umpire of a foreign country has the casting vote. 



It is difficult to see wherein this arrangement is not a restriction upon 

 British sovereignty or its exercise. Sovereignty may indeed remain 

 intact, but its exercise is in the hands of a commission, whose deter- 

 minations Great Britain does not control. Admission of counsel would 

 seem to be a slender foundation upon which to erect such a structure. 

 A substructure of law is a more secure foundation, but perhaps uncon- 

 sciously the Tribunal was influenced by these principles of law just as 

 the British counsel were influenced by them in making the admission 

 which the Tribunal felt justified in adopting. 



The statement that British sovereignty is unimpaired seems to be 

 a source of gratification to Great Britain, Canada, and Newfound- 

 land. The fact that the award establishes a commission is doubtless 

 a rehef to Great Britain in its dealings with its colonies, for the 

 holding of the commission may relieve Great Britain of the embarrass- 

 ment of forcing its will upon a dominion which is independent in all 

 but name and a colony which regards intervention with ill-concealed 

 displeasure. 



The result will probably be, however, that whenever a resort could 

 be had to the commission, the parties in interest will agree upon rules 

 and regulations concerning the fishery, so as to obviate a reference to a 

 commission whose proceedings will involve delay and expense. Indi- 

 rectly the contention of the United States will be accepted, for the regu- 



