CONVENTION 485 



or on the western and northern coasts of Newfoundland from Cape Ray to Quirpon 

 Islands, or on the Magdalen Islands ? 



Question 7. Are the inhabitants of the United States whose vessels resort to the 

 treaty coasts for the purpose of exercising the liberties referred to in Article I of the 

 treaty of 1818 entitled to have for those vessels, when duly authorized by the United 

 States in that behalf, the commercial privileges on the treaty coasts accorded by agree- 

 ment or otherwise to United States trading vessels generally ? 



Art. II. Either Party may call the attention of the Tribunal to any legislative or 

 executive act of the other Party, specified within three months of the exchange of 

 notes enforcing this agreement, and which is claimed to be inconsistent with the 

 true interpretation of the treaty of 1818; and may call upon the Tribunal to 

 express in its award its opinion upon such acts, and to point out in what respects, if 

 any, they are inconsistent with the principles laid down in the award in reply to 

 the preceding questions; and each Party agrees to conform to such opinion. 



Art, III. If any question arises in the arbitration regarding the reasonableness 

 of any regulation or otherwise which requires an examination of the practical effect of 

 any provisions in relation to the conditions surrounding the exercise of the liberty of 

 fishery enjoyed by the inhabitants of the United States, or which requires expert in- 

 formation about the fisheries themselves, the Tribunal may, in that case, refer such 

 question to a commission of three expert specialists in such matters; one to be desig- 

 nated by each of the Parties hereto, and the third, who shall not be a national of 

 either Party, to be designated by the Tribunal. This Commission shall examine into 

 and report their conclusions on any question or questions so referred to it by the Tri- 

 bunal and such report shall be considered by the Tribunal and shall, if incorporated 

 by them in the award, be accepted as a part thereof. 



Pending the report of the Commission upon the question or questions so referred 

 and without awaiting such report, the Tribunal may make a separate award upon all 

 or any other questions before it, and such separate award, if made, shall become 

 immediately effective, provided that the report aforesaid shall not be incorporated 

 in the award until it has been considered by the Tribunal. The expenses of such 

 Commission shall be borne in equal moieties by the Parties hereto. 



Art. IV. The Tribunal shall recommend for the consideration of the High Con- 

 tracting Parties rules and a method of procedure under which all questions which 

 may arise in the future regarding the exercise of the liberties above referred to may 

 be determined in accordance with the principles laid down in the award. If the High 

 Contracting Parties shall not adopt the rules and method of procedure so recom- 

 mended, or if they shall not, subsequently to the delivery of the award, agree upon 

 such rules and methods, then any differences which may arise in the future between 

 the High Contracting Parties relating to the interpretation of the treaty of 1818 or 

 to the effect and application of the award of the Tribunal shall be referred informally 

 to the Permanent Court at The Hague for decision by the summary procedure pro- 

 vided in Chapter IV of The Hague Convention of the 18th of October, 1907. 



Art. V. The Tribunal of Arbitration provided for herein shall be chosen from the 

 general list of members of the Permanent Court at The Hague, in accordance with 

 the provisions of Article XLV of the Convention for the Settlement of International 

 Disputes, concluded at the Second Peace Conference at The Hague on the i8th of 

 October, 1907. The provisions of said Convention, so far as applicable and not incon- 

 sistent herewith, and excepting Articles LIII and LIV, shall govern the proceedings 

 under the submission herein provided for. 



