Bering Sea Fur Seals Arbitration (Great Britain v. United States)

1 Moore’s Int’l Arb. Awards 755 (1893)

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Bering Sea Fur Seals Arbitration (Great Britain v. United States)

International Arbitration
1 Moore’s Int’l Arb. Awards 755 (1893)

SC

Facts

The United States (plaintiff) adopted legislation to protect endangered fur seals off the coast of Alaska. Pursuant to this law, the United States seized ships owned by Great Britain (defendant) that the United States believed were engaged in killing seals approximately 60 miles off the coast. The evidence indicated that the seals’ homes were on an Alaskan island. The countries agreed to submit the dispute to international arbitration. The United States argued that domestic law regarding individuals’ property rights with respect to certain wild animals should extend to international law because the facts were substantially the same, the only difference being that the parties were countries rather than individuals. According to the United States, under natural law, just as a country is, in a sense, a trustee of the fruits of its lands, so, too, is the country a trustee of its wild animals in a way that may confer a property interest. The United States believed that it had an ownership interest in the seals because they lived on United States land—even if the seals swam outside the three-mile limit to its territorial waters. Great Britain did not believe that the United States could have any ownership interest in wild animals outside the three-mile limit to the United States’ territorial waters.

Rule of Law

Issue

Holding and Reasoning ()

Dissent (Harlan, J.)

Dissent (Moore, United States Senator)

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