Bering Sea Arbitration facts for kids

The Bering Sea Arbitration of 1893 was a big disagreement between the United Kingdom of Great Britain and Ireland (which handled foreign affairs for Canada at the time) and the United States. It was all about who had the right to hunt seals in the Bering Sea during the 1880s.

American ships, like those from the United States Revenue Cutter Service (now the United States Coast Guard), started capturing Canadian sealing vessels. The British government asked for the ships to be released, but the captures continued. The U.S. then claimed it had special control over seal hunting in the Bering Sea. This led to talks outside of court. In the end, the decision favored the British. The U.S. did not get exclusive control, and the British were paid for the damage to their ships. The American sealing zone stayed the same as before, at 60 miles.

Why the Dispute Started

In 1867, the United States bought Alaska and its nearby islands from Russia. The border between the two countries went through the Bering Strait. This split the Bering Sea into two parts. The larger part was on the American side. This area included the Pribilof Islands, which were the main breeding grounds for seals.

Protecting the Seals

Between 1868 and 1873, the U.S. government passed laws to protect seals. These laws said that killing seals was not allowed on the Pribilof Islands or in "nearby waters." However, the laws did not clearly say what "nearby waters" meant.

In 1870, the U.S. government gave the Alaska Commercial Company special rights to hunt seals on these islands. They set limits on how many seals could be taken each year to protect them.

The Problem with "Adjacent Waters"

By 1872, foreign seal hunters caught the attention of the U.S. government. At first, the U.S. seemed worried about seals being caught near the Aleutian Islands. They didn't claim control beyond the usual three-mile limit from shore.

But in 1881, a U.S. Treasury official said that all waters east of the border line were part of Alaska. This meant the U.S. was claiming a much larger area.

A New Way of Hunting Seals

Around 1886, Canadian ships started hunting seals in the open ocean. This was more than three miles from any shore. They would shoot seals in the water. This method was called "pelagic sealing."

This type of hunting was very harmful. Nursing mother seals travel far to find food. Male seals stay on the islands during breeding season. So, most seals caught by pelagic sealing were mother seals. When a mother seal was killed, her pups often starved. This practice threatened to destroy the seal populations. This was a big problem for both the U.S. and Great Britain, as the seal industry was valuable.

British Involvement and Escalation

In the summer of 1886, American ships captured three Canadian sealing vessels. These ships were the Carolena, Onward, and Thornton. They were caught 60 miles from land by an American ship called the Corwin. A judge said they were sealing in Alaska's waters.

The British government protested, and an order was given to release the ships. However, more Canadian ships were captured in 1887. The U.S. continued to claim special control over seal hunting in the Bering Sea. They also argued that protecting fur seals was a global responsibility. The British government disagreed with the U.S. claim of control. But they were willing to talk about international rules for seal hunting.

Talking It Out

Between 1887 and 1890, Russia, Great Britain, and the United States tried to reach an agreement. They wanted to create rules for seal hunting in the open seas. The U.S. had seal breeding grounds on the Pribilof Islands. Russia had them on the Komandorski group. Neither Britain nor Canada had land access to the Bering Sea or seal breeding grounds. So, banning pelagic sealing would mean Britain couldn't be part of the industry.

Different Views on Hunting

The United States argued that pelagic sealing had to be stopped. They said it killed too many breeding seals because it was hard to tell males from females in the water. They also said it was wasteful because many seals died and were lost.

Britain argued that seal populations had only been wiped out by hunting on land. They said hunting in the open ocean had never been the only cause of extinction.

The talks failed. The United States then went back to its claim of special rights. In June 1890, American ships were ordered to the Bering Sea. The British ambassador, Sir Julian Pauncefote, protested. He asked the U.S. government not to interfere with British vessels.

The Arbitration Process

A big diplomatic argument followed. The United States presented its arguments to a special court called a tribunal. The U.S. gave up its claim that the Bering Sea was a "closed sea" (mare clausum). But they said Russia used to have special control there, and that control passed to the U.S. They pointed to a Russian rule from 1821 that banned foreign ships within 100 miles of Russian America's coasts.

Great Britain pointed out that both Britain and the U.S. had protested this Russian rule. They also had treaties with Russia that allowed their citizens to navigate and fish freely in the Pacific Ocean. The U.S. argued that the Pacific Ocean did not include the Bering Sea. They also claimed a right to protect the fur seals even outside the three-mile limit.

In August 1890, Lord Salisbury suggested that the problem be solved by arbitration. This meant letting a neutral group make a decision. The U.S. Secretary of State, James G. Blaine, agreed. He said certain points should be presented to the arbitrators.

On February 29, 1892, a treaty was signed in Washington, D.C. Each country would choose two arbitrators. The leaders of France, Italy, and Norway and Sweden would each choose one.

Main Arguments in Court

When the evidence was presented, it became clear that the U.S. had a weak case for its claim of exclusive control in the Bering Sea. This first claim was not strongly pushed by the U.S. lawyers.

The main question was the second U.S. claim: the right to own the seals and protect them beyond the three-mile limit. The U.S. argued that seals were like farm animals. They could be managed so that their numbers would grow without destroying the population. Hunting seals on land was seen as proper. Since the U.S. owned the land, they felt they were protecting the seal industry for everyone.

On the other hand, pelagic sealing was seen as wrong. It was like a wild slaughter. The U.S. claimed the right to stop such practices. They felt they owned the seals and were protecting the proper seal industry.

This idea of having a right to stop hunting beyond the three-mile limit was new. The U.S. lawyer, James C. Carter, argued that the tribunal should base its decision on "principles of right" and "international justice." He said that international law should apply even when there were no specific rules. This would mean the tribunal could create new laws and apply them to past events. However, the British lawyer, Charles Russell, successfully argued against this idea.

The Big Decision

The decision was announced on August 15, 1893. It was in favor of Great Britain on all points. The question of how much money the British sealers should get for damages was decided later. In February 1896, a special group decided that the British sealers should receive $473,151.26. This is more than $10 million in today's money.

Since Great Britain won, the tribunal also set rules to protect the seal herds. Both countries had to follow these rules. They limited pelagic sealing by time, place, and method. For example, seals could not be bothered within 60 miles of the Pribilof Islands at any time. From May 1 to July 31 each year, they could not be hunted anywhere in the Bering Sea. Only licensed sailing vessels could hunt seals, and using guns or explosives was banned. These rules were supposed to last until both countries agreed to change them. They were also to be reviewed every five years.

What Happened Next

However, these rules did not work well. Mother seals did not feed within the protected area. They went far outside it. So, pelagic sealers still caught mother seals, and their young were left to starve. In fact, the largest number of seals ever caught by pelagic sealing happened in 1894. This was the first year these new rules were in place.

Scientists from both Great Britain and the United States studied the problem more. They agreed that pelagic sealing needed to be cut back. But new legal restrictions were not put in place right away. Then, Japan also started pelagic sealing.

Finally, on July 7, 1911, a new agreement was made. It was called the North Pacific Fur Seal Convention of 1911. This treaty greatly reduced the sealing industry. It started on December 15, 1911, and lasted for fifteen years. It made the Pribilof Islands a safe place for seals.