stefansson-wrangel-09-37-029

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that, therefore, no principle of law can be derived from the
situation and its settlement.

A third case has to do with the Dutch claim to this same
Aves Island. The question was arbitrated between Venezuela
and Holland, with the Queen of Spain as arbiter. The report
of the arbitration is to be found in 2 Recueil des Arbitrages
Internationaux 404 (Lafuadelles Politis).

The Dutch based their claim on the idea that the island
was a natural dependence of the Dutch island of Saba, because
it had been for a long time connected with Sabalya sand-bar.
The disappearance of the bar, according to the Dutch, made no
difference in their right to the sland of Aves. They claimed
also that the island was Dutch "by common knowledge” - "la
commune renomraee.” The Dutch settlers were accustomed to go from
the neighboring islands of Saba and St. Eustache to fish for tor-
toises and to collect eggs. These acts the Dutch claimed were
the only ones of appropriation possible on the island, since
to put a territory to its only possible use was to render
yourself master of it. Lastly, the Venezuelan government had
never previously raised any question concerning these actions of
the Dutch, so that the Dutch claimed that Venezuela admitted
the Dutch right to the island.

The Venezuelans based their claim on a denial of the connection
between the island and Saba; on a denial that maintaining a
fishery constituted an occupation "a titre de souverainete”;