FOREIGN RELATIONS, 1950, VOLUME I


eluded by the United States. (See Article 1 of the Convention con-
cluded with Great Britain for the Prevention of Smuggling of In-
toxicating Liquors on January 23, 1924, 43 Stat. 1761.) Thisposition
was in accord with the practice of other states. (-See Article 2 of the
Convention between Great Britain, Belgium, Denmark, France, Ger-
many and the Netherlands for regulating the Police of the North Sea
Fisheries signed at The Hague, May 6, 1882, 73 British and Foreign
State Papers, 39,41, and Article 2 of the Convention between Germany,
Denmark, Estonia, Finland, France, the British Empire, Italy, Latvia,
Poland and Sweden, relating to the Non-Fortification and Neutrali-
zation of the Aaland Islands, concluded at Geneva on October 20,
1921, 9 League of Nations Treaty Series, 212, 217.) The United States
maintained the same position at the Conference for the Codification
of International Law held at The Hague in 1930. (See League of
Nations, Bases of Discussion for the Conference for the Codification
of International Law, II, Territorial Waters, C. 74 M. 39, 1929, V.,
143, hereinafter referred to as Bases of Discussion.) The report of the
Second Sub-Committee adopted the low water mark as the base line
for the delimitation of territorial waters. (League of Nations, Acts
of the Conference for the Codification of International Law, III, Ter-
ritorial Waters, C. 351 (b) M. 145 (b), 1930, V., 217, hereinafter re-
ferred to as Acts of Confereonce.)
   (b) The Department of State has also taken the position that the
low water mark along the coast should prevail as the base line for
the delimitation of territorial waters in the case of a coast with small
indentations not equivalent to bays:-the base line follows the indenta-
tions or sinuosities of the coast, and is not drawn from headland to
headland. This position was already established in 1886. (See the letter
from the Secretary of State, Mr. Bayard to Mr. Manning, Secretary of
the Treasury, dated May 23, 1886, supra.) The United States main-
tained this position at the Hague Conference of 1930. (See Amend-
ments to Bases of Discussion proposed by the United States, Acts of
Conference, 197.) The principle that all points on the coast should
be taken into account in the delimitation of territorial waters was
adopted in the report of the Second Sub-Committee. (Acts of Con-
ference, 217)
   (c) The determination of the base line in the case of A coast pre-
senting deep indentations such as bays, gulfs, or estuaries has fre-
quently given rise to controversies. The practice of states, nevertheless,
indicates substantial agreement-with respect to bays, gulfs or estu-
aries no more than 10 miles wide: the base line of territorial waters is
a straight line drawn across the open ing of such indentations, or where
such opening exceeds 10 miles in width at the first point therein where
their width does not exceed 10 miles. (See Article 2 of the Convention
between Great Britain, Belgium, Denmark, France, Germany and the
Netherlands, for regulating the Police of the North Sea Fisheries,
signed at the Hague, May 6, 1882,73 Foreign and British State Papers,
39, 41; The North Atlantic Coast Fisheries Arbitration between the
United States and Great Britain of September 7, 1910, U.S. Foreign
Rel-, 1910 at 566; and the Research in International Law of the Har-
vard Law School, 23 American Journal of International Law, SS,
266.)


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