§ 56. Mr. MORELasked the Under-Secretary of State for Foreign Affairs whether, having regard to the fact that a dispute between the Russian and Norwegian Governments respecting the width of territorial waters off the coast of Northern Russia was recently settled amicably by negotiations, inquiries have been made as to the willingness of the Russian Government to negotiate with His Majesty's Government on the dispute: and whether, for their part, His Majesty's Government are equally prepared to enter into negotiations with the Russian Government?
§ Mr. McNEILLThe Norwegian Government, equally with His Majesty's Government, have disputed the claim of the Russian Government to a 12-mile limit of territorial waters, and the dispute is, so far as I am aware, not yet settled. On the publication of the Russian decree of May, 1921, making this claim, His Majesty's Government informed the Soviet Government of their inability to concur in any extension of territorial limits beyond three nautical miles. While not admitting that the principle of a three-mile limit can be called in question, they have nevertheless expressed their readiness to discuss with the Soviet Government a special convention for the protection of seal fisheries in these waters. In September, 1921, the Soviet Government accepted this offer, but it has not up to the present transmitted the draft convention requested by His Majesty's Government as a first step in the negotiations.
§ Captain BERKELEYHas the British Government asked the Soviet Government whether it is willing to refer this question to the Permanent Court of International Justice?
§ Mr. McNEILLNo, Sir.
§ 57. Mr. MORELasked the Under-Secretary of State for Foreign Affairs whether there is any international law in force limiting territorial waters to a three-mile limit; whether he is aware that other nations have reserved more than a three-mile limit in relating to fishing rights; that the Tsarist Government of Russia reserved a 12-mile zone off the coast of Northern Russia for fishing rights; that on the 22nd March, 1911, the then British Foreign Minister had a conversation with Count Benckendorff on the subject; that on that occasion the Russian Government suggested that the matter be discussed at the Hague Conference, and that Sir Edward Grey informed Sir George Buchanan that Great Britain was ready to discuss the question at an international conference; and whether, seeing that the present Russian Government adopted the policy previously followed in this respect by the Tsarist Government in a decree dated the 24th May, 1921, and notified the Powers to that effect, he will state what action His Majesty's Government propose to take in the matter?
§ Mr. McNEILLThe doctrine of territorial waters is not laid down in any international instrument, but the jurisdiction of nations over their coastal waters has been accepted by usage and is now a recognised rule of international law; His Majesty's Government have always maintained that by international law and practice the general limit of territorial jurisdiction is three miles, but from time to time claims to extend the three-mile limit have been advanced by different States. Such claims, which amount to annexation of the high seas, could only be made effective by international agreement. The Imperial Russian Government put forward a claim in 1909 to extend to 12 miles the limit of Russian territorial waters. His Majesty's Government refused to admit this claim, but consented to refer the question for discussion to The Hague Conference. The Imperial Russian Government immediately on receipt of representations from His Majesty's Government released a British vessel which had been seized outside the three-mile limit, and refrained from attempting to enforce their claim pending its discussion at an international conference. In this respect the present Russian Government, so far from adopting the policy followed by the Imperial Russian 962 Government, has insisted on enforcing a decree made in May, 1921, which has no international sanction, and, in spite of repeated representations of His Majesty's Government in connection with the seizure of British vessels, has refused to give any satisfaction whatever.
§ Mr. MORELDoes not the latter part of the reply suggest the advisability of making an agreement with Russia?