The questions in dispute were referred to a court of arbitration which decided against the claims of the United States, denying that the sea referred to as the Bering Sea was _mare clausum_, and denying that the United States acquired jurisdiction by prescriptive right from Russia in 1867. It was also decided that the United States had no right of property in the seals in the open sea, and that the destruction of these animals was contrary to the laws of nature. The United States and Great Britain, however, entered into an agreement in regard to the protection and taking of the seals by their subjects. Other nations were also to be asked to become parties to the agreement.[149]
It may be regarded as finally established that fishing in the open sea is free to all, though of course states may by conventions establish regulations which shall be binding upon their subjects.
At the present time every vessel must be under the jurisdiction of some state.
(_a_) =Classes.=--Vessels are divided into two general classes.
(1) _Public vessels_, which include ships of war, government vessels engaged in public service, and vessels employed in the service of the state and in command of government officers.
(2) _Private vessels_, owned by individuals and under regulations varying in different states.
(_b_) The =nationality= of a public vessel is determined by its flag. In an extreme case the word of the commander is held to be sufficient proof.
In case of a private vessel the flag is a common evidence, but in case of doubt the vessel must show to proper authorities its papers which certify its nationality.
(_c_) The general exercise of =jurisdiction over vessels= is as follows:--
(1) Upon the high seas and _within its own waters_ the jurisdiction of a state over its public and private vessels is exclusive for all cases.
(2) Over _public vessels in foreign waters_, the jurisdiction of the state to which a public vessel belongs is exclusive for all matters of internal economy. The vessels are subject to port regulations in matters of anchorage, public safety, etc. As Dana says in his note to Wheaton, "It may be considered as established law, now, that the public vessels of a foreign state coming within the jurisdiction of a friendly state, are exempt from all forms of process in private suits."[150] In general practice the waters of all states are open to the vessels of war of all other states with which they are at peace. This is a matter of courtesy and not of right, and is in fact sometimes denied, as by the provision of the Treaty of Berlin, 1878, "The port of Antivari and all the waters of Montenegro shall remain closed to the ships of war of all nations."[151] Various regulations may require, without offence, notice of arrival, probable duration of stay, rank of commander, etc.