El arbitraje de las pesquerías del Atlántico norte entre la Gran Bretaña y los Estados Unidos de AméricaConi hermanos, 1911 - 232 pages |
Common terms and phrases
ADAMS American fishermen Arbitraje Arbitration Article Award bahías bays Bretaña British subjects Canadá claim coast coasts Commission common considered contended contention Convención Especial costas creeks cuestión derecho distance DRAGO drying effect ELIHU ROOT enjoyed evidence exclude exercise facultad de pescar fishery fishing following further GEORGE GRAY Government grant Great Britain habitantes harbours held high seas inhabitants international law Islands latter Laudo liberty to take light limited made Majestad Británica measured negotiators Newfoundland North otherwise Parties Party pescadores pesquerías point principle proof provided provisions purpose reasonable reasonableness recognised referred regard reglamentos regulation respecto restrictions rule same shall shore sovereign sovereignty special agreement take fish taking term terms Terranova territorial waters territorio therein three marine miles three miles tion Tratado de 1818 treaty coasts treaty of 1783 treaty of 1818 Tribunal is unable unable to agree Unidos Unidos de América United States used vessels width word words
Popular passages
Page 172 - Parties, that the inhabitants of the said United States shall have, for ever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind...
Page 210 - 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...
Page 211 - States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use (but not to dry or cure the same on that island) and also on the coasts, bays and creeks of all other of His Britannic Majesty's dominions in America...
Page 153 - 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 carrying on of fishing operations on such coasts...
Page 194 - 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?
Page 171 - ... fisheries, or (2) desirable or necessary on grounds of public order and morals without unnecessarily interfering with the fishery itself, and in both cases equitable and fair as between local and American fishermen, and not so framed as to give unfairly an advantage to the former over the latter class...
Page 206 - ... bays, creeks and harbours" are to be understood in their usual ordinary sense and not in an artificially restricted sense of bays within the three mile belt; (c) Because the practical distinction for the purpose of this fishery between coasts and bays and the exceptional conditions pertaining to the latter has been shown from the correspondence and the documents in evidence, especially the Treaty of 1783, to have been in all probability present to the minds of the negotiators of the Treaty of...
Page 195 - ... of an economic right includes the right to employ servants; (4) that the right of employing servants has not been limited by the treaty to the employment of persons of a distinct nationality or inhabitancy; (5) that the liberty to take fish as an economic liberty refers not only to the individuals doing the manual act of fishing, but also to those for whose profit the fish are taken. But considering, that the treaty does not intend to grant to individual persons or to a class of persons the liberty...
Page 153 - 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 (i) 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)...
Page 220 - the British Legislature has, by Acts of Parliament, declared it to be part of the British territory, and part of the country made subject to the legislation of Newfoundland." (Direct US Cable Co. v. The Anglo-American Telegraph Co., Law Reports, 2 Appeal Cases, 374). So it may be safely asserted that a certain class of bays, which might be properly called the historical bays such as Chesapeake Bay and Delaware Bay in North America and the great estuary of the...