Boundary Between the Dominion of Canada and the Territory of Alaska: Counter-case Presented on the Part of the Government of His Britannic Majesty to the Tribunal Constituted Under Article I of the Convention Signed at Washington, January 24, 1903, Betwen His Britannic Majesty and the United States of AmericaPrinted at the Foreign office, by Harrison and sons, 1903 - 81 strani |
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141st degree 56th parallel Alaska American Appendix arguments Article III Article VII baies et belt of territorial Britain British App British contention CC CC CC Chilkat claim coast mentioned Commission continent Convention of 1892 Count de Lambert Count Lieven Count Nesselrode Counter-Case course despatch dominion drawn entrance of Portland establish fact fishery follows Government head of Lynn head of Portland headlands Hudson's Bay Company International land latitude 54 limit line of demarcation lisière longitude Lynn Canal mainland maps marine leagues ment mentioned in Article Middleton miles natives negotiations Observatory Inlet observed Ocean parallel of 54 Pearse Island Portland Canal Portland Channel possessions Prince of Wales proposed provisions question referred regard Report rivers Russia Russian-American Company says settlement shore Sir Charles Bagot sovereignty Stikine straits submitted territorial waters tion trade Treaty of 1825 Tribunal U.S. App Ukase United Vancouver's vessels Wales Island width
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Stran 51 - It is also understood, that, for the space of ten Years from the signature of the present Convention, the Vessels of the Two Powers, or those belonging to Their respective Subjects, shall mutually be at liberty to frequent, without any hindrance whatever, all the inland Seas, the Gulfs, Havens, and Creeks on the Coast mentioned in Article 3, for the purposes of fishing and of trading with the Natives.
Stran 5 - The Tribunal shall also take into consideration any action of the several Governments or of their respective Representatives preliminary or subsequent to the conclusion of said Treaties, so far as the same tends to show the original and effective understanding of the Parties in respect to the limits of their several territorial jurisdictions under and by virtue of the provisions of said Treaties.
Stran 29 - ... for this purpose. It seems generally agreed that where the configuration and dimensions of the bay are such as to show that the nation occupying the adjoining coasts also occupies the bay it is part of the territory...
Stran 26 - It is difficult to draw any precise or determinate conclusion, amidst the variety of opinions, as to the distance to which a state may lawfully extend its exclusive dominion over the sea adjoining its territories, and beyond those portions of the sea which are embraced by harbours, gulfs, bays, and estuaries, and over which its jurisdiction unquestionably extends.
Stran 30 - It does not appear to their Lordships that jurists and text writers are agreed what are the rules as to dimensions and configuration, which, apart from other considerations, would lead to the conclusion that a bay is or is not a part of the territory of the state possessing the adjoining coasts; and it has never, that they can find, been made the ground of any judicial determination.
Stran 35 - ARTICLE II. With a view of preventing the rights of navigation and of fishing exercised upon the Great Ocean by the citizens and subjects of the high contracting Powers from becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Russian establishment, without the permission of the governor or commander ; and that, reciprocally, the subjects of Russia...
Stran 26 - The maritime territory of every State extends to the ports, harbors, bays, mouths of rivers, and adjacent parts of the sea inclosed by headlands, belonging to the same State.
Stran 22 - ... which was to belong to Russia be measured (1) from the mainland coast of the ocean, strictly so-called, along a line perpendicular thereto, or (2) was it the intention and meaning of the said convention that where the mainland coast is indented by deep inlets, forming part of the territorial waters of Russia, the width of the lisière...
Stran 28 - it is agreed that 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.
Stran 21 - ... was it the intention and meaning of said convention of 18'25 that there should remain in the exclusive possession of Russia a continuous fringe or strip of coast on the mainland not exceeding ten marine leagues in width, separating the British possessions from the bays, ports, inlets, havens and waters of the ocean...