711.579/6
The Minister in Norway (Swenson) to the Secretary of State
[Received December 28.]
Sir: Referring to the Department’s unnumbered instruction of September 10th last, relative to the extent of territorial jurisdiction claimed by Norway, I have the honor to enclose herewith a copy, together with translation, of a note from the Foreign Office, dated the 26th ultimo, giving authentic information on the subject.70 The report of the Territorial Waters Commission transmitted in the note is forwarded herewith.70a This print contains an exhaustive treatment of the whole subject in question.
You will observe that the statement from the Columbia Law Review quoted in the Department’s despatch is incorrect, no revision of the Norwegian rules governing territorial waters having been made during the World War.
The misapprehension may have arisen from the fact that during the war English war ships patrolled along the Norwegian coast up to the three mile limit. Norway was helpless in the matter and made no attempt to oppose this trespass by force. The Government protested, however, standing on its claim of a four mile limit.
The special regulations regarding certain specified territorial waters has [have] reference to some of the large bays and inclosed waters, such as the Varangerfjord and the Vestfjord.
Great Britain has not formally recognized the territorial rights claimed by Norway in these waters. In 1911 the British trawler Lord Roberts was arrested by the Norwegian patrol boat Heimdal for fishing in the Varangerfjord within the line Kibergnes–Grense–Jakobselv. The trawler was taken to Vardö and attached by order of the local court. The British Minister at Christiania thereupon addressed a note to the Norwegian Foreign Office stating that his Government could not recognize the Norwegian territorial claims as to the Varangerfjord and Vestfjord. The hope was expressed that the Norwegian Government would compensate the owners of the Lord Roberts for the loss they had sustained and remit or refund the fines demanded. In a later note the British Minister stated, however, that his Government would take no further steps in the matter before the Supreme Court of Norway had passed on the question, provided this was done within a reasonable time, in view of the fact that it was not customary to treat such a case as a [Page 225] Diplomatic question until after the aggrieved parties had resorted to all the available judicial remedies.
The following year the captain of the Lord Roberts was adjudged by the circuit court to have fished unlawfully, holding that the entire Varangerfjord within the line Kibergnes–Jakobselv is to be considered as Norwegian territory. Captain Murlin appealed the case to the Supreme Court but requested that consideration of the same be postponed.
In 1916 he withdrew the appeal “without prejudice to the general question raised in this case”.
On October 12th last the British trawler Kanuck was apprehended by the Norwegian authorities for operating within territorial waters. The incident was recently referred to in a speech delivered in the House of Commons. The British Government has made no representations, however, to the Norwegian Foreign Office.
It is not likely that any complaint will be lodged inasmuch as the location at the time of arrest has been ascertained to be within three miles from the basic line drawn from Kavringen to Harbaken. The basic lines drawn from headland to headland, and island to island along the extensive coast of Norway are, of course, accepted by foreign powers. The territorial limit is measured from such basic line. Exceptions are taken as stated above with reference to large bodies of water.
I have [etc.]