84 FISHERIES ARBITRATION AT THE HAGUE 



under the British theory, that our grant is subject to their right of 

 municipal legislation, the exercise of their right in the first instance 

 estabhshes the regulation. 



Sir Charles Fitzpatrick: Do I understand you to say that 

 if a regulation is made, and if you object to it, then it would be the 

 right of the British Government to hale you before The Hague 

 Tribunal, under section 4 ? 



Senator Root: Undoubtedly. 



Sir Charles Fitzpatrick: Then it is the exercise of sover- 

 eignty that made it? 



Senator Root: I do not quite get your question. 



Sir Charles Fitzpatrick: Then do you not necessarily admit 

 the right of the British Government to make the regulation ? 



Senator Root: No. 



Sir Charles Fitzpatrick: Subject to your objection? 



Senator Root : Because my proposition is the regulation shall 

 not take effect until it has been determined that it ought to take 

 effect. 



Sir Charles Fitzpatrick: That is right. 



Senator Root: My proposition is that the appUcation of the 

 British theory here is that by force of British sovereignty they can 

 make a regulation which is imposed, which does take effect, upon 

 which they have decided — they, and they alone, have decided 

 — in the exercise of their sovereign power, and have made it 

 effective and that it shall stand there until we have appealed to 

 an arbitral Tribunal for the purpose of reversing their decision. 



Sir Charles Fitzpatrick: Do I understand you to say, then, 

 that if you object, and the principle is adopted that in case of your 

 objection the regulation would not have effect until such time as 

 it would be submitted to The Hague Tribunal, that you would be 

 satisfied with that ? 



Senator Root: Precisely. Certainly. That is what we are 



