Memorandum, British Embassy
The existing British legislation does not cover the area to which the regulations prescribed by the award apply.
A draft bill is now being prepared to enforce the provisions of the award, but Her Majesty’s Government consider that unless some international agreement can be produced to justify the insertion of fresh provisions, the bill in question must be strictly limited to the terms of the award.
Her Majesty’s Government are anxious in the first place to know what action the United States Government are prepared to take respecting the declarations of the arbitrators, which were appended to the award. They consider recommendation No. 1 as specially important, as it will probably affect the accession of other powers to any agreement that may be arrived at.
The Japanese Government have expressed a desire to take part in the discussions respecting the regulations, in order that a general scheme, applicable also to Russian and Japanese waters, may be prepared. Her Majesty’s Government would be glad to know whether the United States Government would be disposed to invite the Russian and Japanese Governments to take part in such a discussion at once.
Her Majesty’s Government could not consent to the unconditional application of the provisions of the award to other waters than those specified by the arbitrators, but they would be willing to discuss any modifications which would allow of the provisions being so applied.
The Earl of Rosebery considers it necessary that Her Majesty’s representative at Washington should be assisted by a delegate from Canada, and thinks it desirable that such a delegate should be accredited as a negotiator. His lordship adds that it is of great importance that Her Majesty’s Government and the Government of the United States should exchange drafts of the proposed legislation on each side with as little delay as possible.