Imágenes de páginas
PDF
EPUB

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 Grisbadarna 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 Grishadarna 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 a 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

[ocr errors]

234

TIJE AMERICAN JOURNAL OF INTERNATIONAL LAW

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

It is shown by the foregoing that Sweden had no doubt as to her rights over the Grisbadarna and that she did not hesitate to incur the expenses incumbent on the owner and possessor of these banks even to the extent of a considerable sum of money.

As to the measurements of the sea

Sweden took the first steps, about thirty years before the beginning of any dispute, toward making exact, laborious, and expensive measurements of the regions of Grisbadarna, while the measurements made some years later by Norway did not even attain the limits of the Swedish measurements. And

Whereas, therefore, there is no doubt whatever that the assignment of the Grisbadarna banks to Sweden is in perfect accord with the most important circumstances of fact. And

Whereas, a demarkation assigning the Skojöttegrunde (which are the least important parts of the disputed territory) to Norway is sufficiently warranted by the serious circumstance of fact that, although one must infer from the various documents and testimony that the Swedish fishers, as was stated above, have carried on fishing in the regions in question for a longer period, to a greater extent, and in greater numbers, it is certain on the other hand that the Norwegian fishers have never been excluded from fishing there. And

Whereas, moreover, it is averred that the Norwegian fishers have almost always participated in the lobster fishing on the Skjöttegrunde in a comparatively more effective manner than at the Grisbadarna :

THEREFORE
The Tribunal decides and pronounces :

That the maritime boundary between Norway and Sweden, as far as it was not determined by the royal resolution of March 15, 1904, is fixed as follows:

From point XVIII situated as indicated on the map annexed to the project of the Norwegian and Swedish Commissioners of August 18, 1897, a straight line is traced to point XIX, constituting the middle point of a straight line drawn from the northernmost reef of the Röskären to the southernmost reef of the Svartskjär, the one which is provided with a beacon ;

From point XIX thus fixed, a straight line is traced to point XX. which constitutes the middle point of a straight line drawn from the northernmost reef of the group of reefs called Stora Drammen to the Hejeknub situated to the southeast of Heja Islands; from point XX a straight line is drawn in a direction of west 19 degrees south, which line passes midway between the Grisbadarna and the Skjöttegrunde south and extends in the same direction until it reaches the high sea.

Done at The Hague, October 23, 1909, in the Palace of the Permanent Court of Arbitration.

J. A. LOEFF, President,
Michiels VAN VERDUYNEN, Secretary General,
ROELL, Secretary.

BOOK REVIEWS 1

La nationalité dans les principaux États du Globe. By Ernest Lehr.

Paris: A. Pedone. 1909. pp. 227.

This modest volume by Professor Lehr gives, for forty-nine different countries alphabetically arranged, the rules of each governing the acquisition, the loss and the regaining of nationality. These rules are prefaced by a chapter of summaries. It seems a good and useful compilation. Covering so wide a field in minute detail, absolute accuracy may not have been attainable. The author dwells upon the constantly changing rules which would make certainty as to the law at any given moment perhaps impossible. Nor can the reviewer presume to a knowledge of the laws of all nations respecting citizenship. His criticism will relate to omission rather than commission, and it is not criticism so much as regret that the statement of the law could not have been brought down a little nearer to the publication date, and that so full and complete a treatise could not have been made a little more complete.

For instance, it rather is a pity not to have included the South African Republic in the list of countries discussed, in spite of its loss of sovereignty, for the sake of historical completeness, inasmuch as the question of naturalization there was one of the leading causes of the memorable war with Great Britain.

The separation of Norway from Sweden in 1905 is apparently too recent an event to be noticed even in a work published in 1909, and in consequence we are not told whether the dissolution of the union has modified the naturalization laws of either country; whether, for example, the subjects of the one resorting to the other are regarded with peculiar favor.

The important United States Citizenship Act, approved March 2, 1907, is likewise unnoticed. This Act has an interesting provision by which subjects of other states naturalized in the United States, upon resumption of residence for two years in their country of origin, or for five years in any other foreign country, are presumed to have lost their

1 The JOURNAL assumes no responsibility for the views expressed in signed Book Reviews. – J. B. S.

« AnteriorContinuar »