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Encyclopedia Britannica - Main :: BEC-BER |
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BERING SEA ARBITRATION . The important fishery dispute between Great Britain and the United States, which was closed by this arbitration, arose in the following circumstances. In the year 1867 the United States government had purchased from Russia all her territorial rights in Alaska and the adjacent islands. The boundary between the two powers, as laid down by the treaty for purchase, was a line drawn
letter asking for an interpretation of the words " waters adjacent thereto " in the acts of 1868 and 1873, stated that all the waters east of the boundary line were considered to be within the waters of Alaska territory. In March 1886 this letter was communicated to the San Francisco customs by Mr Daniel Manning
district
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ambassador at Washington, having failed to obtain an assurance that British vessels would not be interfered with, laid a formal protest before the United States government.Thereupon followed a diplomatic controversy, in the course of which the United States developed the contentions which were afterwards laid before the tribunal of arbitration. The claim that Bering Sea was mare clausum was abandoned, but it was asserted that Russia had formerly exercised therein rights of exclusive jurisdiction which had passed to the United States, and they relied inter alia upon the ukase of 1821, by which foreign vessels had been forbidden to approach within too Italian miles of the coasts of Russian America. It was pointed out by Great Britain that this ukase had been the subject of protest both by Great Britain and the United States, and that by treaties similar in their terms, made between Russia and each of the protesting powers, Russia had agreed that their subjects should not he troubled or molested in navigating or fishing in any part of the Pacific Ocean. The American answer was that the Pacific Ocean did not include Bering Sea. They also claimed an interest
Gillespie Blaine, on the understanding that certain specific points, which he indicated, should be laid before the arbitrators. On the 29th of February 1892 a definitive treaty was signed at Washington. Each power was to name two arbitrators, and the president of the French Republic, the king of Italy, the king of Norway and Sweden were each to name one. The points submitted were as follows:(r) What exclusive jurisdiction in the sea now known as Bering Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior to and up to the time of the cession of Alaska to the United States? (2) How far were her claims of jurisdiction as to the seal fisheries recognized and conceded by Great Britain? (3) Was the body
March 1867, pass unimpaired to the United States under that treaty? (5) Had the United States any and what right of protection over, or property in, the fur seals frequenting the islands of Bering Sea when such seals are found outside the three-mile limit? In the event of a determination in favour of Great Britain the arbitrators were to determine what concurrent regulations were necessary for the preservation of the seals, and a joint commission was to be appointed by the two powers to assist them in the investigation of the facts of seal life. The question of damages was reserved for further discussion, but either party was to be at liberty to submit any question of fact to the arbitrators, and to ask for a finding thereon. The tribunal was to sit at Paris. The treaty was approved by the Senate on the 29th of March 1892, and ratified by the president on the 22nd of April. The United States appointed as arbitrator Mr John M. Harlan, a justice of the Supreme Court, and Mr John T. Morgan, a member of the Senate. The British arbitrators were Lord Hannen and Sir John Thompson. The neutral arbitrators were the baron de Courcel, the marquis Visconti Venosta, and Mr Gregers Gram, appointed respectively by the president of the French Republic, the king of Italy, and the king of Norway and Sweden. The sittings of the tribunal began in February and ended in August 1893. The main interest of the proceedings lies in the second of the two claims put forward on behalf of the United States. This claim cannot easily be stated in language of precision; it is indicated rather than formulated in the last of the five points specially submitted by the treaty. But its general character may be gathered from the arguments addressed to the tribunal. It was suggested that the seals had some of the characteristics of the domestic animals, and could therefore be the subject of something in the nature of a right of property. They were so far amenable to human control that it was possible to take their increase without destroying the stock. Sealing upon land was legitimate sealing; the United States being the owners of the land, the industry was a trust vested in them for the benefit of mankind. On the other hand, pelagic sealing, being a method of promiscuous slaughter, was illegitimate; it was contra bonos mores and analogous to piracy. Consequently the United States claimed a right to restrain such practices, both as proprietors of the seals and as proprietors and trustees of the legitimate industry. It is obvious that such a right was a novelty hitherto unrecognized by any system of law. Mr J. C. Carter, therefore, as counsel for the United States, submitted a theory of international jurisprudence which was equally novel. He argued that the determination of the tribunal must be grounded upon " the principles of right," that " by the rule or principle of right was meant a moral rule dictated by the general standard of justice upon which civilized nations are agreed, that this international standard of justice is but another name for international law, that the particular recognized rules were but cases of the application of a more general rule, and that where the particular rules were silent the general rule applied." The practical
The award, which was signed and published on the 15th of August 1893, was in favour of Great Britain on all points. The question of damages, which had been reserved, was ultimately settled by a mixed commission appointed by the two powers in February 1896, the total amount awarded to the British sealers being $473,151.26. (M. H. C.) End of Article: BERING SEA ARBITRATION If you wish, you can link directly to this article.
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