inhabitants of the United States should continue to exercise the privileges theretofore enjoyed in
common with British subjects in the fisheries of Newfoundland, Labrador, and other parts of the
North Atlantic Coast. Great Britain regarded this treaty as abrogated by the war of 1812, whereas
the United States considered it as only suspended by and during the war. However, on October
20, 1818, a new treaty was signed, article I of which defined the rights and obligations of
inhabitants of the United States as to fishing in certain parts of British north Atlantic coast
waters.2 Differences arose as to the scope and meaning of this article. Beginning with the
seizure of American fishing vessels in 1821-2, the controversy over fishing rights continued in
more or less menacing form until 1905 when, on account of the severe restrictive legislation by
Newfoundland, affairs reached a critical stage. Negotiations were begun looking to a settlement,
and in 1906 a modus viveruti1 covering the fishing season of 1906-7 was agreed upon by the
two Governments for the purpose of allaying friction until some definite adjustment could be
reached. The modus was renewed for the fishing seasons of 1907-8/ 1908-9 5 and I909-10,6 and
on January 27, 1909, a compromis was signed submitting the controversy to the Permanent
Court of Arbitration at The Hague. A tribunal was created composed of the following members of
the panel of the court: Heinrich Lammasch, of Austria-Hungary; A. F. de Savornin Lohman, of
Holland; George Gray, of the United States; Louis M. Drago, of Argentine; and Sir Charles
Fitzpatrick, of Great Britain. The session of the tribunal began June 1, 1910, ended August 12,
1910. The decision which was rendered on 7 September 1910, dealt with seven questions put to
the Tribunal by the compromise.
Pursuant to Article I of a convention entered into on 20 October 1818, Great Britain and the United States agreed that inhabitants of the United
States would forever have the same rights as British subjects to engage in all types of fishing on a specified part of the British coastline of
Newfoundland and Labrador. In addition, American fishermen were forever entitled, subject to certain conditions, to dry and cure fish in all bays,
harbours and creeks of this same coastline. Pursuant to the same article, the United States renounced forever any rights exercised or claimed
by its inhabitants up to that time, to take, dry or cure fish, within three nautical miles of the coast, bay, harbours or creeks of the British
dominions in America, except for those described above. A number of disputes arose between the two governments concerning the
interpretation of this article. In 1909, they agreed to submit the dispute to arbitration.
The publication of this award and related documents on the Hague Justice Portal has been made possible with the ongoing support and co-
operation of the Permanent Court of Arbitration in The Hague.