FOREIGN RELATIONS, 19 5 0, VOLUME I


  The Second Sub-Committee specified in its observations on this
subject that the waters of a strait were not to be regarded as inland
waters, even if both belts of territorial waters and both shores be-
longed to the same state. (Acts of Conference, 220). In this, it sup-
ported the policy of the United States to oppose claims to exclusive
control of such waters by the nation to which the adjacent shore be-
longed. (The Secretary of State, Mr. Evarts, to the American Lega-
tion, Santiago, Chile, January 18, 1879, in connection with passage
through the Straits of Magellan, I Moore, Digest of International
Law, 664.) With respect to a strait which is merely a channel of com-
munication to an inland sea, however, the United States took the
position, with which the Second Sub-Committee agreed, that the rules
regarding bays should apply. (Acts of Conference, 201, 220.)
   In connection with the principles applicable to bays and straits, it
should be noted that they have no application with respect to the
waters of bays, straits, or sounds, when a state can prove by historical
usage that such waters have been traditionally subjected to its ex-
clusive authority. The United States specifically reserved this type of
case at the Hague Conference of 1930. (Acts of Conference, 197.)
   The principles outlined above represent the position of the United
 States with respect to the criteria properly applicable to the determi-
 nation of the base line of territorial waters and to the demarcation
 between territorial waters and inland waters.
   Sincerely yours,                               [JAMES E. WVEBB]

 II. UNITED STATES POLICY ON THE QUESTION OF ACCESS TO THE
                      RESOURCES OF THE SEA
 Executive Secretariat Files: Lot 53-D250: Box 1644
 Memorandum by Dr. Wilbert M. Chapman, of ithe Ofilce of the Special
   Assistant to the Under Secretary for Wildlife and Fisheries, to the
   Under Secretary of State (-Web b)

 SECRET                               [WASHINGTON,] May 29, 1950.
    HIGH SEAS FISHERY POLICY OF THE UNITED STATES AND ITS
                          IMPLEMENTATION
   The principle of the Freedom of the Seas includes the concepts
 that the open oceans of the world are free to the peaceful passage of
 all mankind without hindrance from, or molestation by, one sovereign
 government with respect to the commerce of anoother, and that the
 free-moving resources of tlose 'high seas are lthe property of him who
 reduces them to his possession. This principle has been generally ac-
 cepted into the body of international customs since early in the
 17th century. With -the development of air commerce in the 20th
 century this concept has been broadened to include the air column
 above the high seas.


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