1108 ADMINISTRATION AND LEGISLATION [parTV
This view has now received the tacit approval of the Hague
Tribunal in connexion with the North American Fisheries
Arbitration, in their award of September 1910, where they
recognize the right of Canada and Newfoundland to make
laws regarding the fishery binding on Americans, and do not
restrict that power to the Imperial authorities only.
On the other hand, it remains of course for the Imperial
Government to decide what interpretation will be put on
a disputed treaty. Thus, in 1907, that Government were
unable to accept the view of the Government of New-
foundland that the meaning of the Treaty of 1818 with
the United States regarding the fisheries was too clear to
admit of dispute, and therefore refused to enforce its terms
absolutely, without reference to the views of the United
States Government 1
} 2. THE ARRANGEMENTS FOR SEPARATE ADHERENCE TO
AND WITHDRAWAL FROM GENERAL TREATIES BY THE
DoMINIONS, AND FOR THE CONSULTATION OF THE
DOMINIONS IN REGARD TO SUCH TREATIES.
The original practice was to conclude treaties binding
on all the dominions of the Crown, and as late as 1862 and
1865 the treaties with Belgium and with the North German
Customs Union not merely bound all the Colonies, but pro-
vided for the grant of national treatment in the Colonies to
the products of these foreign countries. In 1868 the Austro-
Hungarian Treaty of Navigation still bound all the Colonies,
excepting that in those Colonies in which the coasting trade
was reserved for British ships the reservation was permitted
to continue. The commercial Treaty of 1876 with Austro-
Hungary applies in express terms to all the Colonies, and
existing treaties with Norway and Sweden of 1826, with
Switzerland of 1855, with Russia of 1859, with Bolivia of
1840, with the Argentine Confederation of 1825, and so forth,
naturally included the Colonies? In 1877 the question as
bo the propriety of concluding such treaties was raised, and
+ Parl. Pap., Cd. 3765.
2 Parl. Pap., Cd. 3395 and 3396.
