Opinions of Mr. Justice Harlan at the Conference in Paris

Whilst the greatest effort has been made to ensure the quality of this text, due to the historical nature of this content, in some rare cases there may be minor issues with legibility. Their mistake was not apparent until they had decided the fifth point and came to consider the subject of regulations. Having reached a conclusion in favor of the right of pelagic sealing, it became necessary, in their well-meant effort to reach a compromise between the confiictin g interests, to frame such regulations as would, on the one hand, allow pelagic sealing to be carried on with profit, and, on the other hand, not seriously impair the seal herd. This insoluble problem doubtless occasioned them long and anxious deliberations and greatly delayed the final decision. The protocols show that the Tribunal was brought face to face with this problem. When Mr. Justice Harlan submitted a resolution to the effect that the purpose of Article VII of the treaty was to secure the proper protection and preservation of the seals, and that in the framing of regulations no extent of pelagic sealing should be allowed which would seriously end anger the accomplishment of that end, he and Senator Morgan recorded the only votes in its favor, the other arbitrators declining to vote or giving reasons why they could not assent to the declaration. The regulations as finally framed and promulgated are the result of an honest and conscientious effort on the part of the neutral arbitrators to do all that they conceived possible and necessary for the protection and preservation of the seal herd consistent with their decision on the fifth point. These regulations go much further than the provisions which our Government has proposed in the past, but it is to be observed that later investigations have revealed perils to which the seals are exposed not then known. It is to be hoped that the regulations when put in operation will realize the best expectations of the Tribunal. Much depends upon the manner in which they are enforced. It is not to be doubted that both Governments, in deference to the expressed directions of the Tribunal and to their own obligations, will adopt all necessary leg

Their mistake was not apparent until they had decided the fifth point and came to consider the subject of regulations. Having reached a conclusion in favor of the right of pelagic sealing, it became necessary, in their well-meant effort to reach a compromise between the confiictin g interests, to frame such regulations as would, on the one hand, allow pelagic sealing to be carried on with profit, and, on the other hand, not seriously impair the seal herd. This insoluble problem doubtless occasioned them long and anxious deliberations and greatly delayed the final decision. The protocols show that the Tribunal was brought face to face with this problem. When Mr. Justice Harlan submitted a resolution to the effect that the purpose of Article VII of the treaty was to secure the proper protection and preservation of the seals, and that in the framing of regulations no extent of pelagic sealing should be allowed which would seriously end anger the accomplishment of that end, he and Senator Morgan recorded the only votes in its favor, the other arbitrators declining to vote or giving reasons why they could not assent to the declaration. The regulations as finally framed and promulgated are the result of an honest and conscientious effort on the part of the neutral arbitrators to do all that they conceived possible and necessary for the protection and preservation of the seal herd consistent with their decision on the fifth point. These regulations go much further than the provisions which our Government has proposed in the past, but it is to be observed that later investigations have revealed perils to which the seals are exposed not then known. It is to be hoped that the regulations when put in operation will realize the best expectations of the Tribunal. Much depends upon the manner in which they are enforced. It is not to be doubted that both Governments, in deference to the expressed directions of the Tribunal and to their own obligations, will adopt all necessary legislation and rules to give them full force and effect. If the recommendation made by the Tribunal for a complete cessation of taking seals both on land and at sea for a few years be adopted, I shall look for satisfactory results from the operation of the regulations.