1882, December 5.—Treaty of friendship, commerce, and navigation with Germany, establishing three marine leagues as the limit of marine jurisdiction.1

1885, July 29.-Treaty with Sweden and Norway.2

ARTICLE 7. The two contracting parties agree to consider as boundaries of the territorial waters of their respective coasts for all customs purposes and as measures to prevent smuggling, a distance. of three marine leagues, measured from low-water mark.

1886, November 27.-Treaty with France of amity, commerce and navigation, establishing a distance of twenty kilometers from the line of lowest tide as the limit of territorial sovereignty.3

1888, November 27.-Treaty of commerce and navigation with Great Britain establishing the distance of three marine leagues reckoned from the low-water mark as the limit of territorial waters.*

1893, April 24.-Treaty of friendship, commerce and navigation with Salvador.

XXI. It is agreed between the high contracting parties that the limit of sovereignty in the territorial waters adjacent to their respective coasts comprises a distance of twenty kilometers counted from the line of lowest tide; but this rule shall apply only as regards the exercise of the right of police for the execution of customs ordinances. and the prevention of smuggling, and in respect of matters concerning the security of the country. In no case shall such limit be applicable to other questions of international maritime law.

1899, December 14.-Treaty of friendship, commerce and navigation with China.

XI... The two contracting parties agree upon considering a distance of three marine leagues, measured from the line of low tide, as the limit of their territorial waters for everything relating to the vigilance and enforcement of the custom-house regulations and the necessary measures for the prevention of smuggling.

1 See ante, p. 532.

2 Translation. For the French text, see Martens, Nouveau recueil général de traités, 2d series, vol. 13, p. 684. August 20, 1886, is the date given by Fulton, The Sovereignty of the Sea, p. 679.

See ante, p. 526.

See ante, p. 576.

British and Foreign State Papers, vol. 95, p. 1362.

Ibid., vol. 92, p. 1061.

NETHERLANDS

1610, May 6.-Reasons used by the Netherland delegates visiting England for the continuance of fishing contrary to the proclamation made in May, 1609, forbidding strangers to fish.

2. For that it is by the law of nations, no prince can challenge further into the sea than he can command with a cannon except gulfs within their land from one point to another.

1671, January 3.-Regulations enjoining Netherland ships to salute foreign fortresses and towns at the distance of cannon range.2

1691, December 8/18.-Treaty with Great Britain and Denmark and Norway forbidding captures within sight of the dominions of the Dano-Norwegian King.3

1824.-Royal decree prohibiting Dutch fishermen from fishing within two leagues of the main coast of Scotland.*

It shall not be permitted any Dutch fishermen to carry on herring, or pickle-herring fishery at a distance from the territorial coast of Scotland of less than two leagues latitude (twenty such leagues constituting one degree), nor under any pretext whatever (excepting, however, the case of urgent necessity, as provided by Article 22 of afore-mentioned law), while he is engaged in catching pickle-herring, to approach the said coast at a lesser distance.

1895, November 5.-Unofficial letter from G. de Weckherlin, Netherland Minister to the United States, to Mr. Olney, Secretary of State of the United States, suggesting that six miles be set as the limit of the territorial sea.

As you are doubtless not unaware, the Institute of International Law discussed in March, 1894, the desirability of an understanding among the maritime nations to the end of settling by common accord the question of the limits of the territorial seas.

Conformably to the views which were developed on that occasion in the aforesaid meeting of the jurisconsults of different nationalities, the Netherland Government asks itself whether the time may not have come for the principal Powers interested to conclude a treaty to the end in question.

1 Thomas W. Fulton, The Sovereignty of the Sea, p. 156; Great Britain, State Papers, Domestic, vol. 47, p. 111.

2 See Ræstad, La mer territoriale, p. 114

3 See ante, p. 518.

4 Fulton, ibid., p. 605, note 2.

MS., Department of State.

I accordingly take the liberty of addressing myself to your habitual courtesy in order to learn, if possible, what the President's Government would think of the idea which I have suggested.

I permit myself to add that the Minister of Foreign Affairs of the Kingdom is now disposed to believe that such a treaty should stipulate that the territorial waters should henceforth extend to a distance of six miles (sixty to the degree), starting from the low-water mark, while the treaty might perhaps prescribe, at the same time, that this six miles shall be also that of the neutral zone.

1897, February 13/25.-Award of the arbitrator in the case of the "Costa Rica Packet" arbitration with Great Britain, in which cannon range was established as the limit of the territorial sea.1

1904, February 12.-Proclamation of neutrality in the Russo-Japa

nese war.2

ARTICLE 8. Under the territory of the Kingdom is also included the seacoast to within a distance of 3 nautical miles of 60 degrees latitude at low-water mark. In regard to bays, that distance of 3 nautical miles shall be measured from a straight line athwart the bay as close as possible to the entrance at the first point at which the entrance to the bay exceeds 10 miles of 60 degrees latitude.

1914, August 5.—Declaration of neutrality in the war between Belgium and Germany, and between Great Britain and Germany.3 ARTICLE 17. The State territory comprises the coastal waters to a distance of three nautical miles, reckoning sixty to the degree of latitude, from low-water mark.

As regards inlets, this distance of three nautical miles is measured from a straight line drawn across the inlet at the point nearest the entrance where the mouth of the inlet is not wider than ten nautical miles, reckoning sixty to the degree of latitude.

NORWAY1

1691, June 20.-Rescript to the prefects of Norway.

Prizes captured

. within sight of the coasts of Norway by men-of-war or merchantmen belonging to any of the belligerents shall be brought to port to be judged.

1 See ante, p. 582.

2 Foreign Relations of the United States, 1904, p. 27.

The (London) Times Documentary History of the War, vol. 2, p. 52.

See also Denmark and Norway; Sweden and Norway. Ante, p. 517; post, p. 629. Translation. For the Norwegian text, see Arnold Ræstad, Kongens strømme, p. 247.

1692, December 3.-Royal concession for whale fishing.1

ARTICLE 3. All foreigners and unprivileged persons shall be forbidden to hunt whales in or outside the fjords, or in the surrounding waters within a distance of ten leagues from the land, on pain of confiscation of ship and property.

1698, January 11.-Renewal of the concession of December 3, 1692, for whale fishing, in which all foreigners and unprivileged persons were forbidden to hunt whales within a distance of ten leagues from the land.3

1738, February 22.-Consular declaration establishing a protective zone along the coasts of Greenland.*

All foreign vessels which come within a distance of four leagues of the coasts of our colonies or land within a distance of thirteen leagues of the colonies (of Greenland) shall be attacked.

1745, June 18,-Rescript fixing four miles as the extent of the national fishing monopoly.3

1745, June 18.-Royal decree on maritime prizes."

No foreign privateers shall be permitted to capture any vessel within a distance of one league, of fifteen to a degree of latitude, from the Norwegian coasts or its outlying banks and rocks.

1747, February 10.-Rescript prohibiting Russian fishermen to fish within a distance of one Norwegian league off the coast of Fin

marken.

Russian fishermen are hereby permitted to fish off the coasts of Finmarken . . . providing they remain at a distance of one league (mil) from the land.

1 Translation. For the Norwegian text, see Arnold Ræstad, Kongens strømme, p. 242.

* Ten Norwegian leagues at this time was forty geographical miles.

3 Ræstad, ibid., p. 242. See supra for the original concession.

4 Translation. For the Norwegian text, see Ræstad, ibid., p. 238.

See de Lapradelle in the Revue générale de droit international public, vol. 5, p. 340; ante, p. 230.

Translation.

For the Norwegian text, see J. A. S. Schmidt, Rescripter, resolutioner og collegial-breve for kongeriget Norge for tidsrumemt 1660-1813, vol. 1, p. 315. 7 Translation. For the Norwegian text, see ibid., 1660-1813, vol. 1, p. 335.

1759, April 29.-Rescript to the civil governors in Norway, regarding their conduct and that of the inferior judges when the skipper of a vessel captured by a privateer asserts that the capture was made within the distance of one league from the land.1

On occasion of the present war between France and Great Britain, by the rescript of May 7, 1756, it has been known that no ship shall be captured within one league of the Norwegian coasts, and hereby is further made known, as by rescript of February 23, 1759,3 that the said league shall be interpreted as an ordinary marine league ...

1779, November 10.-Rescript concerning prizes.* .

No privateer belonging to any of the belligerents shall capture prizes within the distance of one league of the Norwegian coasts.

All previous rescripts dealing with this matter shall hereby be considered repealed and without force, with the exception of the rescripts of February 233 and April 20, 1759, which state that the league defined as the neutral zone of the coasts, is to be interpreted as the ordinary league of fifteen to a degree.

1812, February 22-Resolution establishing the marine league as measured from the outermost island or islets which are not submersed by the sea."

We will most graciously to establish as a rule in all instances where there is question as to the limit of our territorial sea, that it shall extend to a distance of one marine league from the outermost islands or islets which are not submersed by the sea.

1830, September 13.-Law regarding the fisheries at Finmarken.

ARTICLE 40. If the Russians wish to maintain a place of resort in order to facilitate the fishery they are permitted at a distance of one lague from the coast, they may do so at Kiberg, Havningsberg and Baardsfjorden in the Vardø district, and Berlevaag, Ganvig, and Steensvig in Thanens district, on the following conditions: (a) they shall be permitted to obtain bait with a hand line even nearer the shore than the said league ..

1 Translation.

For the Norwegian text, see J. A. S. Schmidt, Rescripter, resolutioner og collegial-breve for kongeriget Norge for tidsrummet 1660-1813, vol. 1, p. 459. See ante, p. 518, and note 4.

No extent of the marginal sea mentioned in this rescript. See ante, p. 518, note 4. Translation. For the Norwegian text, see J. A. S. Schmidt, Rescripter, resolutioner ig collegial-breve for kongeriget Norge for tidsrummet 1660-1813, vol. 1, p. 602.

See supra.

Translation. For the Norwegian text, see J. Chr. Berg, Historisk underretning om landrærnet, pp. 227, 337.

Translation. For the Norwegian text, see Axel Boeck, Oversight over literatur, love, forordninger, m. m. angaaende de norske fiskerier. Bilag, p. 27.

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