Emigration statistics of Ireland. Report and tables for 1909. (Cd. 5088.) 2d.

French customs tariff, Translation of, as amended by the law of March 29, 1910, showing former rates of duty. (Cd. 5127.) 11d.

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(Cd.

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International convention relative to certain restrictions on the exercise of the right of capture in maritime war. Signed at The Hague, Oct. 18, 1907. Foreign Office. (Cd. 5118; Treaty series No. 14, 1910.) 11d. International convention relative to the conversion of merchant ships into warships. Signed at The Hague, Oct. 18, 1907. Foreign Office. (Cd. 5115; Treaty series No. 11, 1910.) 1d.

International convention relative to the laying of automatic submarine contact mines. Signed at The Hague, Oct. 18, 1907. Foreign Office. (Cd. 5116; Treaty series No. 12, 1910.) 14d.

International convention relative to the opening of hostilities. Signed at The Hague, Oct. 18, 1907. Foreign Office. (Cd. 5029; Treaty series No. 8, 1910.) 13d.

International convention relative to the status of enemy merchant ships at the outbreak of hostilities. Signed at The Hague, Oct. 18, 1907. Foreign Office. (Cd. 5031; Treaty series No. 10, 1910.) 13d. International convention respecting bombardments by naval forces in time of war. Signed at The Hague, Oct. 18, 1907. Foreign Office. (Cd. 5117; Treaty series No. 13, 1910.) 2d.

International convention respecting the limitation of the employment of force for the recovery of contract debts. Signed at The Hague, Oct. 18, 1907. Foreign Office. (Cd. 5028; Treaty series No. 7, 1910.) 1d.

International convention with respect to the international circulation of motor vehicles. Signed at Paris, Oct. 11, 1909. Foreign Office. (Cd. 5125; Treaty series No. 18, 1910.) 1d.

International declaration prohibiting the discharge of projectiles and

explosives from balloons. Signed at The Hague, Oct. 18, 1907. Foreign Office. (Cd. 5119; Treaty series No. 15, 1910.)

d.

Japan. Proposed new customs tariff, showing present rates of duty. (Cd. 5150.) 6d.

Malta, Further correspondence relating to political conditions of. [April, 1904, to December, 1909.] (Cd. 5216.) 8d.

Montenegro, Convention of commerce and navigation between, and the United Kingdom. Signed at Cettinje, Jan. 11, 1910. Foreign Office. (Cd. 5126; Treaty series No. 19, 1910.)

d.

Netherlands, Convention between the United Kingdom and, renewing for five years the arbitration convention of Feb. 15, 1905. Signed at London, Dec. 16, 1909. Foreign Office. (Cd. 5220; Treaty series No. 20, 1910.) d.

Norway and Sweden. Declaration between the United Kingdom, France and Norway, and between the United Kingdom, France and Sweden, concerning the abrogation of the Treaty of Nov. 21, 1855, relative to the integrity of Norway and Sweden. Signed at Christiania, Nov. 2, 1907, and at Stockholm, April 23, 1908. Foreign Office. (Cd. 5123; Treaty series No. 16, 1910.)

d.

Persia, Further correspondence respecting the affairs of. November, 1909.] 1910. (Cd. 5120.) 5d.

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and April, 1910.] (Cd. 5132.) 1d.

[May to

[March

Tibet, Further papers relating to. [September, 1904, to May, 1910.] (Cd. 5240.) 2d.

GEORGE A. FINCH.

JUDICIAL DECISIONS INVOLVING QUESTIONS OF

INTERNATIONAL LAW

UNITED STATES VERSUS GREAT BRITAIN

IN THE MATTER OF THE NORTH ATLANTIC COAST FISHERIES

The Permanent Court of Arbitration at The Hague

PREAMBLE

Whereas a Special Agreement between the United States of America and Great Britain, signed at Washington the 27th January, 1909, and confirmed by interchange of Notes dated the 4th March, 1909, was concluded in conformity with the provisions of the General Arbitration Treaty between the United States of America and Great Britain, signed the 4th April, 1908, and ratified the 4th June, 1908;

And whereas the said Special Agreement for the submission of questions relating to fisheries on the North Atlantic Coast under the general treaty of arbitration concluded between the United States and Great Britain on the 4th day of April, 1908, is as follows:

Article I.

Whereas by Article I of the Convention signed at London on the 20th day of October, 1818, between Great Britain and the United States, it was agreed as follows:

Whereas differences have arisen respecting the liberty claimed by the United States for the Inhabitants thereof, to take, dry and cure Fish on Certain Coasts, Bays, Harbours and Creeks of His Britannic Majesty's Dominions in America, it is agreed between the High Contracting Parties, that the Inhabitants of the said United States shall have forever, in common with the Subjects of His Britannio Majesty, the Liberty to take Fish of every kind on that part of the Southern Coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the Western and Northern Coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the Coasts, Bays, Harbours, and Creeks from Mount Joly on the Southern Coast of Labrador, to and through the Straits of Belleisle and thence Northwardly indefinitely along the Coast, without prejudice, however, to any of the exclusive Rights of the Hudson Bay Company; and that the American Fishermen shall also have liberty forever, to dry and cure Fish in any of the unsettled Bays, Harbours and Creeks of the Southern part of the Coast of Newfoundland here

above described, and of the Coast of Labrador; but so soon as the same, or any Portion thereof, shall be settled, it shall not be lawful for the said Fishermen to dry or cure Fish at such Portion so settled, without previous agreement for such purpose with the Inhabitants, Proprietors, or Possessors of the ground. — And the United States hereby renounce forever, any Liberty heretofore enjoyed or claimed by the Inhabitants thereof, to take, dry, or cure Fish on, or within three marine Miles of any of the Coasts, Bays, Creeks, or Harbours of His Britannic Majesty's Dominions in America not included within the above-mentioned limits; provided, however, that the American Fishermen shall be admitted to enter such Bays or Harbours for the purpose of Shelter and of repairing Damages therein, of purchasing Wood, and of obtaining Water, and for no other purpose whatever. But they shall be under such Restrictions as may be necessary to prevent their taking, drying or curing Fish therein, or in any other manner whatever abusing the Privileges hereby reserved to them.

And, whereas, differences have arisen as to the scope and meaning of the said Article, and of the liberties therein referred to, and otherwise in respect of the rights and liberties which the inhabitants of the United States have or claim to have in the waters or on the shores therein referred to:

It is agreed that the following questions shall be submitted for decision to a tribunal of arbitration constituted as hereinafter provided:

Question 1. To what extent are the following contentions or either of them justified?

It is contended on the part of Great Britain that the exercise of the liberty to take fish referred to in the said Article, which the inhabitants of the United States have forever in common with the subjects of His Britannic Majesty, is subject, without the consent of the United States, to reasonable regulation by Great Britain, Canada, or Newfoundland in the form of municipal laws, ordinances, or rules, as, for example, to regulations in respect of (1) the hours, days, or seasons when fish may be taken on the treaty coasts; (2) the method, means, and implements to be used in the taking of fish or in the carrying on of fishing operations on such coasts; (3) any other matters of a similar character relating to fishing; such regulations being reasonable, as being, for instance — (a.) Appropriate or necessary for the protection and preservation of such fisheries and the exercise of the rights of British subjects therein and of the liberty which by the said Article I the inhabitants of the United States have therein in common with British subjects;

(b.) Desirable on grounds of public order and morals;

(c.) Equitable and fair as between local fishermen and the inhabitants of the United States exercising the said treaty liberty and not so framed as to give unfairly an advantage to the former over the latter class.

It is contended on the part of the United States that the exercise of such liberty is not subject to limitations or restraints by Great Britain, Canada, or Newfoundland in the form of municipal laws, ordinances, or regulations in respect of (1) the hours, days, or seasons when the inhabitants of the United States may take fish on the treaty coasts, or (2) the method, means, and implements used by them in taking fish or in carrying on fishing operations on such coasts, or (3) any other limitations or restraints of similar character

(a.)

Unless they are appropriate and necessary for the protection and preservation of the common rights in such fisheries and the exercise thereof; and

(b.) Unless they are reasonable in themselves and fair as between local fishermen and fishermen coming from the United States, and not so framed as to give an advantage to the former over the latter class; and

(c.) Unless their appropriateness, necessity, reasonableness, and fairness be determined by the United States and Great Britain by common accord and the United States concurs in their enforcement.

Question 2. Have the inhabitants of the United States, while exercising the liberties referred to in said Article, a right to employ as members of the fishing crews of their vessels persons not inhabitants of the United States?

Question 3. Can the exercise by the inhabitants of the United States of the liberties referred to in the said Article be subjected, without the consent of the United States, to the requirements of entry or report at custom-houses or the payment of light or harbour or other dues, or to any other similar require ment or condition or exaction?

Question 4. Under the provision of the said Article that the American fishermen shall be admitted to enter certain bays or harbours for shelter, repairs, wood, or water, and for no other purpose whatever, but that they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein or in any other manner whatever abusing the privileges thereby reserved to them, is it permissible to impose restrictions making the exercise of such privileges conditional upon the payment of light or harbour or other dues, or entering or reporting at custom-houses or any similar conditions?

Question 5. From where must be measured the "three marine miles of any of the coasts, bays, creeks, or harbours" referred to in the said Article? Question 6. Have the inhabitants of the United States the liberty under the said Article or otherwise to take fish in the bays, harbours, and creeks on that part of the southern coast of Newfoundland which extends from Cape Ray to Rameau Islands, 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 agreement or otherwise to United States trading vessels generally?

Article 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.