Volume I Part 44 (1/2)

Every vessel has to bear visibly in white colour on black ground its number, name, and the name of its harbour (articles 6-11). Every vessel must bear an official voucher of her nationality (articles 12-13).

(2) To avoid conflicts between the different fis.h.i.+ng vessels, very minute interdictions and injunctions are provided (articles 14-25).

(3) The supervision of the fisheries by the fis.h.i.+ng vessels of the signatory Powers is exercised by special cruisers of these Powers (article 26). With the exception of those contraventions which are specially enumerated by article 27, all these cruisers are competent to verify all contraventions committed by the fis.h.i.+ng vessels of all the signatory Powers (article 28). For that purpose they have the right of visit, search, and arrest (article 29). But a seized fis.h.i.+ng vessel is to be brought into a harbour of her flag State and to be handed over to the authorities there (article 30). All contraventions are to be tried by the Courts of the State to which the contravening vessels belong (article 36); but in cases of a trifling character the matter can be compromised on the spot by the commanders of the special public cruisers of the Powers (article 33).

[Sidenote: b.u.mboats in the North Sea.]

-- 283. Connected with the regulation of the fisheries is the abolition of the liquor trade among the fis.h.i.+ng vessels in the North Sea. Since serious quarrels and difficulties were caused through b.u.mboats and floating grog-shops selling intoxicating liquors to the fishermen, an International Conference took place at the Hague in 1886, where the signatory Powers of the Hague Convention concerning the fisheries in the North Sea were represented. And on November 16, 1887, the International Convention concerning the Abolition of the Liquor Traffic among the fishermen in the North Sea was signed by the representatives of these Powers--namely, Great Britain, Belgium, Denmark, France, Germany, and Holland. This treaty[573] was, however, not ratified until 1894, and France did not ratify it at all. It contains the following stipulations:[574]--

[Footnote 573: See Martens, N.R.G. 2nd Ser. XIV. p. 540, and XXII. p.

563.]

[Footnote 574: The matter is treated by Guillaume in R.I. XXVI. (1894), p. 488.]

It is interdicted to sell spirituous drinks to persons on board of fis.h.i.+ng vessels, and these persons are prohibited from buying such drinks (article 2). b.u.mboats, which wish to sell provisions to fishermen, must be licensed by their flag State and must fly a white flag[575] with the letter S in black in the middle (article 3). The special cruisers of the Powers which supervise the fisheries in the North Sea are likewise competent to supervise the treaty stipulations concerning b.u.mboats; they have the right to ask for the production of the proper licence, and eventually the right to arrest the vessel (article 7). But arrested vessels must always be brought into a harbour of their flag State, and all contraventions are to be tried by Courts of the flag State of the contravening vessel (articles 2, 7, 8).

[Footnote 575: This flag was agreed upon in the Protocol concerning the ratification of the Convention. (See Martens, N.R.G. 2nd Ser. XXII. p.

565.)]

[Sidenote: Seal Fisheries in Behring Sea.]

-- 284. In 1886 a conflict arose between Great Britain and the United States through the seizure and confiscation of British-Columbian vessels which had hunted seals in the Behring Sea outside the American territorial belt, infringing regulations made by the United States concerning seal fis.h.i.+ng in that sea. Great Britain and the United States concluded an arbitration treaty[576] concerning this conflict in 1892, according to which the arbitrators should not only settle the dispute itself, but also (article 7) ”determine what concurrent regulations outside the jurisdictional limits of the respective Governments are necessary” in the interest of the preservation of the seals. The Arbitration Tribunal, which a.s.sembled and gave its award[577] at Paris in 1893, imposed the duty upon both parties of forbidding their subjects to kill seals within a zone of sixty miles around the Pribilof Islands; the killing of seals at all between May 1 and July 31 each year; seal-fis.h.i.+ng with nets, firearms, and explosives; seal-fis.h.i.+ng in other than specially licensed sailing vessels. Both parties in 1894 carried out this task imposed upon them.[578] Other maritime Powers were at the same time asked by the United States to submit voluntarily to the regulations made for the parties by the arbitrators, but only Italy[579]

has agreed to this.

[Footnote 576: See Martens, N.R.G. 2nd Ser. XVIII. p. 587.]

[Footnote 577: See Martens, N.R.G. 2nd Ser. XXI. p. 439. The award is discussed by Barclay in R.I. XXV. (1893), p. 417, and Engelhardt in R.I.

XXVI. (1894), p. 386, and R.G. V. (1898), pp. 193 and 347. See also Tillier, ”Les Pecheries de Phoques de la Mer de Behring” (1906), and Balch, ”L'evolution de l'Arbitrage International” (1908), pp. 70-91.]

[Footnote 578: See the Behring Sea Award Act, 1894 (57 Vict. c. 2).]

[Footnote 579: See Martens, N.R.G. 2nd Ser. XXII. p. 624.]

Experience has shown that the provisions made by the Arbitration Tribunal for the purpose of preventing the extinction of the seals in the Behring Sea are insufficient. The United States therefore invited the maritime Powers whose subjects are engaged in the seal fisheries to a Pelagic Sealing Conference which took place at Was.h.i.+ngton in 1911, and produced a convention[580] which was signed on July 7, 1911, by which the suspension of pelagic sealing for fifteen years was agreed upon.

[No further details of this Convention are as yet known, and it has not yet been ratified.]

[Footnote 580: See below, -- 593, No. 2.]

[Sidenote: Fisheries around the Faroe Islands and Iceland.]

-- 285. For the purpose of regulating the fisheries outside territorial waters around the Faroe Islands and Iceland, Great Britain and Denmark signed on June 24, 1901, the Convention of London,[581] whose stipulations are for the most part literally the same as those of the International Convention for the Regulation of the Fisheries in the North Sea, concluded at the Hague in 1882.[582] The additional article of this Convention of London stipulates that any other State whose subjects fish around the Faroe Islands and Iceland may accede to it.

[Footnote 581: See Martens, N.R.G. 2nd Ser. x.x.xIII. (1906), p. 268.]

[Footnote 582: See above, -- 282.]

VII

TELEGRAPH CABLES IN THE OPEN SEA