territorial waters as extending to gun range from low-water mark. . . .

1857, January 14.-Convention with Great Britain relative to the rights of fishery on the coast of Newfoundland and the neighboring

coasts.1

ARTICLE 1. French subjects shall have the exclusive right to fish, and to use the strand for fishery purposes, Such exclusive fishing, from the Quirpon Islands to Cape Norman, shall extend to a distance of three marine miles due north from a straight line joining Cape Norman and Cape Bauld, and as regards the five harbors shall extend to within a radius of three marine miles in all directions from the center of each such harbor, but with power to the commissioners or umpire, elsewhere provided for in this convention, to alter such limits for each harbor, in accordance with the existing practice.

1859, August 2.—Unratified treaty with Great Britain limiting fishery rights to a distance of three miles from the point of low tide along the entire length of the respective coasts.2

1862, May 10.-Decree of the French Emperor relative to coastal fishing.3

ARTICLE 1. Fishing for all crustaceous and shell fish other than oysters, is allowed during the whole year at a distance of three miles from the low water mark.

Oyster fishing is allowed from September 1 until April 30, on the banks outside the bays or three miles from the coasts, with all decked boats or undecked boats without a fixed tonnage.

ARTICLE 2. On the demand of the fishermen's guild or their delegates, or, in default of this, of the seamen's syndic, certain fishing may be temporarily forbidden within an extent of three miles from the coast, if this measure is ordered in the interest of conservation of stock or to prevent the taking of migratory fish.

1867, November 11.-Convention with Great Britain relative to fisheries in the seas between Great Britain and France.

ARTICLE 1. British fishermen shall enjoy the exclusive right of fishery within the distance of three miles from low-water mark, along the whole extent of the coasts of the British islands;

1 Hertslet, Commercial Treaties, vol. 10, p. 750.

See Calvo, ante, p. 23. The provisions of this treaty are in force in British waters only. Ibid.

Translation. For the French text, see Hertslet, ibid., vol. 13, p. 400. 'British and Foreign State Papers, vol. 57, pp. 9, 10.

The distance of three miles fixed as the general limit for the exclusive right of fishery upon the coasts of the two countries shall, with respect to bays, the mouths of which do not exceed ten miles in width, be measured from a straight line drawn from headland to headland.

The miles mentioned in the present convention are geographical miles, whereof sixty make a degree of latitude.

1885, November 24.—Law prohibiting fishing privileges to foreigners in the territorial waters of Algeria and France, for a distance of three miles.1

1886, November 27.-Treaty with Mexico of amity, commerce, and navigation.2

ARTICLE 15.

In all points concerning the policing of ports, the loading and unloading of vessels, and the protection of merchandise and goods, the subjects of the two Powers are subject to the local laws and ordinances.

For the Mexican ports the laws and ordinances promulgated or to be promulgated in the future by the federal Government are comprised in this designation, and furthermore the ordinances of the local authorities in the department of health.

The contracting parties agree to consider as the limit of territorial sovereignty on their respective coasts a distance of twenty kilometers from the line of lowest tide.

At all times this rule shall be applicable only for exercising customs control, for executing customs ordinances, and for the regulations against contraband, and shall never be applied, on the other hand, in all other questions of international maritime law. It is likewise understood that each of the contracting parties will apply said extent of the limit of sovereignty to the vessels of the other contracting party only provided that said contracting party acts likewise toward vessels of other nations with which it has made treaties of commerce and navigation.

1 See Latour, ante, p. 253, note.

2 Translation. For the French text, see Martens, Nouveau recueil général des traités, 2d series, vol. 15, p. 844.

1888, March 1.-Law in regard to fishing in territorial waters.1

ARTICLE 1. Fishing is forbidden to foreign boats in the territorial waters of France and Algeria within a limit set at three nautical miles from low-water mark.

In the case of bays, the radius of three miles is measured from a straight line drawn across the bay in the part nearest the entrance at the first point where the opening does not exceed ten miles. In the several maritime districts, the line from which the limit is reckoned is established by decrees.2

1888, July 9.—Decree fixing the limit of the bays of Algiers for purposes of measuring the three-mile zone of the French territorial

sea.3

ARTICLE 1. The straight lines drawn across the bays on the coast of Algiers from which the limit of three marine miles determining the French territorial sea, should be reckoned in accordance with Article 1 of the law of March 1, 1888, are traced as follows:

1896, June 12.—Decree regulating conditions of admission to, and sojourn at, the anchorages and ports of the French coast for ships, French and foreign, in time of war.

ARTICLE 1. In case of war no French ship of commerce and no foreign vessel of war or of commerce shall between sunrise and sunset approach the French coast (France and French possessions) to a distance less that three miles, unless authorized to do so. Between sunset and sunrise this prohibition relative to approaching to a distance of less than three miles is absolute. Between sunrise and sunset every vessel which is at a distance from shore at which the color of its flags can be distinguished should fly its national flag. If it desires to enter the interdicted zone, it will make the request to do so by hoisting the pilot's call signal; but it will remain outside of the three mile limit until hailed and interrogated, or until a semaphore has signaled to it that its request is granted. All ships are required to comply immediately with orders from a vessel of war or from a semaphore conveyed by means of the voice or by the signals of the international code.

1 Translation. For the French text, see Hertslet, Commercial Treaties, vol. 18, p. 393. 2 See decrees of July 13 and 9, 1888. The charts of the French hydrographic office and others on the same scale were used in fixing the line.

Journal officiel, July 13, 1888.

• See supra.

* Translation. For the French text, see Revue générale de droit international public, vol. 4, doc., p. 5.

1898.-Definition of marginal sea as given in Block's Dictionary.1

Mer. 2. The sea may be regarded first of all in its relationship to the national dominions, whether it is a question of determining its shifting boundaries in law or of regulating the removal or disposition of the products obtained or drawn from its waters or gathered on its beaches.

The sea is considered a prolongation of the territory of each State to within a certain distance from the coast.

By virtue of a unanimous agreement this distance is limited by the line where a cannon pointed seaward ceases to be effective.

The border of the sea thus determined where each State exercises its jurisdiction and its police powers over fisheries, the supervision of navigation, etc., is called territorial waters.

1901.—Instructions to naval officers to respect extent of neutral waters given as cannon range in 1870 and three miles in 1901.2

1902, March 17.-Decree promulgating the regulations for the conditions of entrance and sojourn of French and foreign vessels in the ports and anchorages of the French coast during the time of war.3 ARTICLE 1. In time of war, between sunrise and sunset, no French ship of commerce, no foreign vessel of war or of commerce shall approach the French coasts (France or French possessions) to a distance of less than three miles, unless authorized to do so. Between sunset and sunrise, the interdiction to approach to a distance of less than three miles is absolute.-If it desires to enter the interdicted zone, it will make the request by hoisting the pilot's call signal; but it will remain outside of the three-mile limit until it has been hailed and interrogated, or until a semaphore has signaled that its request has been granted.

1909, July 19-Decree fixing a prohibited zone of 3 miles for the protection of the French coast in time of war.*

No French ship of commerce, no foreign vessel of war or of commerce, shall, without exposing itself to destruction, approach the French coasts within an extent of three miles, before being authorized to do so.

1 Translation. For the French text, see Maurice Block, Dictionnaire de l'administration française, 4th ed., pp. 1566, 1567.

2 See Ræstad, La mer territoriale, p. 148, note 1.

3 Translation. For the French text, see Revue générale de droit international public, vol. 9, doc., p. 18.

Translation. For the French text, see ibid., vol. 16, doc., p. 43.

If it desires to enter the forbidden zone it will make the request by hoisting the pilot's call signal; but it will remain outside of the three-mile limit until admission has been granted.

1911, September 23-Decree making applicable to New Caledonia and its dependencies Articles 2-10 of the law of March 1, 1888, forbidding foreigners to fish in the territorial waters.1

ARTICLE 2. The limit of the territorial waters is fixed by an imaginary line running out three marine miles from the great outer reefs and, where the reefs cease, three marine miles from the shore line at low tide.

1912. October 18.--Decree determining certain rules of neutrality in case of maritime war.2

ARTICLE 1. In case of war between two Powers in which the Government of the French Republic decides to observe neutrality, the following provisions will be applied to all ports, roads, and territorial waters belonging to the Republic or placed under its jurisdiction.

ARTICLE 2. For the application of the rules of the 13th Hague Convention, dated October 18, 1907:-French territorial waters extend out to a limit fixed at six marine miles (11,111 meters) into the offing from the shore line at low tide along the coasts and banks appearing above water, which belong thereto, as well as around the stationary buoys which fix the limit of the banks not appearing above water. For the bays a radius of 11 kilometers is measured from a straight line drawn across the bay at the first point nearest the mouth at which the opening does not exceed ten miles. If the distance from the coast or from the French banks at the point nearest the coasts or banks of another country is less than twenty-two kilometers, the French territorial waters extend to a point halfway between these coasts or banks and the French shore.

1912. December 19.-Instructions for the application of international law in case of war, addressed by the Minister of Marine to naval commanders.3

ARTICLE 5. Respect of the rights of neutral states.-22. You will strictly conform to the prohibitions imposed upon belligerents by

1 Translation. For the French text, see Revue général de droit international public, vol. 20, doc., p. 41; Journal officiel de la République française, September 29, 1911, p. 7856.

* Translation.

For the French text, see Revue générale de droit international public, vol. 20, doc., p. 6; Journal officiel de la République française, October 20, 21, 1012 (erratum).

Translation. For the French text, see U. S. Naval War College, International Law Topics and Discussions, 1913, p. 23.