Whereas, as regards the question "Whether the boundary line should be considered, either wholly or in part, as being fixed by the boundary treaty of 1661 and the map thereto annexed," the answer to this question should be negative, at least as regards the boundary line beyond point A on the aforementioned map. And

Whereas, the exact situation of point A on this map can not be determined with absolute precision, but at all events it is a point situated between points XIX and XX, as these points will be determined hereinafter. And

Whereas, the parties in litigation agree as regards the boundary line from point XVIII on the map of August 18, 1897, to point XIX as indicated in the Swedish conclusions, and

Whereas, as regards the boundary line from the said point XIX to a point indicated by XX on the maps annexed to the memorials, the parties likewise agree, except that they differ with regard to whether, in determining point XX, the Heiefluer or the Heieknub should be taken as a starting point from the Norwegian side. And

Whereas, in this connection, the parties have adopted, at least in practice, the rule of making the division along the median line drawn between the islands, islets, and reefs situated on both sides and not constantly submerged, as having been in their opinion the rule which was applied on this side of point A by the treaty of 1661; and

The adoption of a rule on such grounds should, without regard to the question whether the rule invoked was really applied by said treaty, have as a logical consequence, in applying it at the present time, that one should take into account at the same time the circumstances of fact which existed at the time of the treaty. And

Whereas, the Heiefluer are reefs which, it may be asserted with sufficient certainty, did not immerge from the water at the time of the boundary treaty of 1661 and consequently they could not have served as a starting point in defining a boundary. And

Whereas, therefore, from the above mentioned standpoint the Heieknub should be preferred to the Heiefluer. And

Whereas, point XX being fixed, there remains to be determined the boundary from this point XX to the limit of the territorial waters. And Whereas, point XX is situated, without any doubt, beyond point A as indicated on the map annexed to the boundary treaty of 1661. And

Whereas, Norway has held the contention, which for that matter has not been rejected by Sweden, that from the sole fact of the Peace of

Roskilde in 1658 the maritime territory in question was divided automatically between her and Sweden. And

Whereas, the Tribunal fully endorses this opinion. And

Whereas, this opinion is in conformity with the fundamental principles of the law of nations, both ancient and modern, in accordance with which the maritime territory is an essential appurtenance of land territory, whence it follows that at the time when, in 1658, the land territory called The Bohuslan was ceded to Sweden, the radius of maritime territory constituting an inseparable appurtenance of this land territory must have automatically formed a part of this cession. And

Whereas, it follows from this line of argument that in order to ascertain which may have been the automatic dividing line of 1658 we must have recourse to the principles of law in force at that time. And

Whereas, Norway claims that, inside (on this side) of the KosterTisler line, the rule of the boundary documents of 1661 having been that the boundary ought to follow the median line between the islands, islets, and reefs on both sides, the same principle should be applied with regard to the boundary beyond this line. And

Whereas, it is not demonstrated that the boundary line fixed by the treaty and traced on the boundary map was based on this rule, and there are some details and peculiarities in the line traced which even give rise to serious doubts in this regard, and even if one admitted the existence of this rule in connection with the boundary line fixed by the treaty, it would not necessarily follow that the same rule ought to have been applied in determining the boundary in the exterior territory. And Whereas, in this connection,

The boundary treaty of 1661 and the map thereto annexed make the boundary line begin between Koster and Tisler Islands; and

In determining the boundary line they went in a direction from the sea toward the coast and not from the coast toward the sea; and

It is out of the question to say that there might have been a continuation of this boundary line in a seaward direction; and

Consequently, the connecting link is lacking in order to enable us to presume, without decisive evidence, that the same rule was applied. simultaneously to the territories situated this side and to those situated that side of the Koster-Tisler line. And

Whereas, moreover, neither the boundary treaty nor the map appertaining thereto mentioned any islands, islets, or reefs situated beyond the Koster-Tisler line, and therefore, in order to keep within the probable

intent of these documents we must disregard such islands, islets, and reefs. And

Whereas, again, the maritime territory belonging to a zone of a certain width presents numerous peculiarities which distinguish it from the land. territory and from the maritime spaces more or less completely surrounded by these territories. And

Whereas, furthermore, in the same connection, the rules regarding maritime territory can not serve as a guide in determining the boundary between two contiguous countries, especially as, in the present case, we have to determine a boundary which is said to have been automatically traced in 1658, whereas the rules invoked date from subsequent centuries;

And it is the same way with the rules of Norwegian municipal law concerning the definition of boundaries between private properties or between administrative districts. And

Whereas, for all these reasons, one can not adopt the method by which Norway has proposed to define the boundary from point XX to the territorial limit. And

Whereas, the rule of drawing a median line midway between the inhabited lands does not find sufficient support in the law of nations in force in the seventeenth century. And

Whereas, it is the same way with the rule of the thalweg or the most important channel, inasmuch as the documents invoked for the purpose do not demonstrate that this rule was followed in the present case. And Whereas, we shall be acting much more in accord with the ideas of the seventeenth century and with the notions of law prevailing at that time if we admit that the automatic division of the territory in quesion must have taken place according to the general direction of the land territory of which the maritime territory constituted an appurtenance, and if we consequently apply this same rule at the present time in order to arrive. at a just and lawful determination of the boundary. And

Whereas, consequently, the automatic dividing line of 1658 should be determined (or, what is exactly the same thing expressed in other words) the delimitation should be made today by tracing a line perpendicularly to the general direction of the coast, while taking into account the necessity of indicating the boundary in a clear and unmistakable manner, thus facilitating its observation by the interested parties as far as possible. And

Whereas, in order to ascertain what is this direction we must take equally into account the direction of the coast situated on both sides of the boundary.

And

Whereas, the general direction of the coast, according to the expert and conscientious survey of the Tribunal, swerves about 20 degrees westward from due north, and therefore the perpendicular line should run toward the west to about 20 degrees to the south. And

Whereas, the parties agree in admitting the great unsuitability of tracing the boundary line across important bars; and

A boundary line drawn from point XX in a westerly direction to 19 degrees to the south would completely obviate this inconvenience, since it would pass just to the north of the Grisbadarna and to the south of Skjöttegrunde and would also not cut through any other important bank; and

Consequently, the boundary line ought to be traced from point XX westward to 19 degrees south, so that it would pass midway between the Gris badarna banks on the one side and Skjöttegrunde on the other. And

Whereas, although the parties have not indicated any marks of allignment for a boundary line thus traced there is reason to believe that it will not be impossible to find such marks. And

Whereas, on the other hand, we could, if necessary, avail ourselves of other known methods of marking the boundary. And

Whereas, a demarkation which would assign the Grisbadarna to Sweden is supported by all of several circumstances of fact which were pointed out during the discussion and of which the following are the principal ones:

a. The circumstance that lobster fishing in the shoals of Grisbadarna. has been carried on for a much longer time, to a much larger extent, and by much larger number of fishers by the subjects of Sweden than by the subjects of Norway.

b. The circumstance that Sweden has performed various acts in the Grisbadarna region, especially of late, owing to her conviction that these regions were Swedish, as, for instance, the placing of beacons, the measurement of the sea, and the installation of a light-boat, being acts which involved considerable expense and in doing which she not only thought that she was exercising her right but even more that she was performing her duty; whereas Norway, according to her own admission, showed much less solicitude in this region in these various regards. And Whereas, as regards the circumstance of fact mentioned in paragraph ɑ above,

It is a settled principle of the law of nations that a state of things. which actually exists and has existed for a long time should be changed as little as possible; and

This rule is specially applicable in a case of private interests which, if once neglected, can not be effectively safeguarded by any manner of sacrifice on the part of the Government of which the interested parties are subjects; and

Lobster fishing is much the most important fishing on the Grisbadarna banks, this fishing being the very thing that gives the banks their value as fisheries;

Without doubt the Swedes were the first to fish lobsters by means of the tackle and craft necessary to engage in fishing as far out at sea as the banks in question are situated;

Fishing is, generally speaking, of more importance to the inhabitants. of Koster than to those of Hvaler, the latter having, at least until comparatively recent times, engaged rather in navigation than fishing;

From these various circumstances it appears so probable as to be almost certain that the Swedes utilized the banks in question much earlier and much more effectively than the Norwegians;

The depositions and declarations of the witnesses are, generally speaking, in perfect harmony with this conclusion;

The arbitration Convention is likewise in full accord with the same conclusion;

According to this Convention there is a certain connection between the enjoyment of the fisheries of the Grisbadarna and the keeping up of the light-boat, and, as Sweden will be obliged to keep up the light-boat as long as the present state of affairs continues, this shows that, according to the arguments of this clause, the principal enjoyment thereof is now due to Sweden. And

Whereas, as regards the circumstances of fact as mentioned under b: As regards the placing of beacons and of a light-boat

The stationing of a light-boat, which is necessary to the safety of navigation in the regions of Grisbadarna, was done by Sweden without meeting any protest and even at the initiative of Norway, and likewise a large number of beacons were established there without giving rise to any protests; and

This light-boat and these beacons are always maintained by Sweden at her own expense; and

Norway has never taken any measures which are in any way equivalent except by placing a bellbuoy there at a time subsequent to the placing of the beacons and for a short period of time, it being impossible to even compare the expenses of setting out and keeping up this buoy with those connected with the beacons and the light-boat; and