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Pacific Fur Seal Arbitration
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Pacific Fur Seal Arbitration
Moore’s International Arbitral Awards (1893) 755
Timeline
Background of the dispute
- 1867- Alaska ceded by Russia to the United States
- 1868- Act of Congress- Section 1956
- 1870- Seal Islands leased to NACC
- 1872- Pelagic hunting results in massive decline in seal population
- 1886- First seizure of British vessels in Bering Sea
- 1892- Treaty of Arbitration
- 1893- The Award
1893 Bering Sea Arbitration
Contentions
- Treaty of Arbitration- Board of Arbitration- 7 members
- Question submitted:
Whether the United States had any right of protection or property in the fur-seals when found outside of the three-mile limit
Arguments
U.K.
U.S.A.
3-mile territorial limit
Jurisprudential right
Pelagic sealing is inhumane
Land sealing is destructive
Trust- Custodianship
The Arbitral Award
The
Arbitral Award
1. Dismissed U.S. claim of sovereignty over the Bering Sea
2. Regulations were established:
- Prohibition of pelagic seal hunting
- Establishment of a close season
- Prohibition of the use of nets and fire-arms
Environment v. Commerce
The Dilemma
- Env. value of preservation of fur seals
- Commercial value of fur seal fishery
- Hidden motive of the U.S.
Destruction of seals
1911- North Pacific Sealing Convention- U.S.A., U.K., Russia and Japan
The Aftermath
Lessons
- Scientific knowledge
- Timely restructuring of industries
- Non-ideological positions
"
“The coffee of Central America and Arabia is not the exclusive property of those two nations; the tea of China, the rubber of South America, are not the exclusive property of those nations where it is grown; they are, so far as not needed by the nations which enjoy the possession, the common property of mankind; and if nations which have trust to them withdraw them, they are failing in their trust, and other nations have a right to interfere and secure their share.”