PAGE 85 85 92 93 95 (b) The Panama Canal. § 170. 171-82. 183. Administration of the Canal during Neu trality of United States. Rules and Regulations for the Operation German Complaints . ... Action of the United States since it became belligerent. Proclamation of Nov. 13, 1917 189, 190. Establishment of Defensive Sea Areas APPENDIX. (A) Suez Canal. Convention between Great Britain and other (B) Panama Canal. I. Treaty of Peace [&c.] between the U. S. and 97 102 II. The Clayton-Bulwer Treaty, April 19, 1850. 104 1901 108 IV. The Hay-Bunau-Varilla Treaty, 1903 (Article 110 XVIII) V. Neutrality of the Panama Canal Zone. (1) Agreement with Panama, October 10, (2) Proclamations regarding the Panama (C) Report of the Inter-Parliamentary Union, January 9, 7,8. The Suez and Panama Canals as regulated by 3 The territorial Power in the Canal territory The Canal Project. Concessions granted to de Lesseps by the Egyptian Government. Nature of the Concessions and Statutes of the Compagnie Universelle du Canal Maritime The Question of the Protection of the Canal . The Freedom of the Canal during the Franco- PART II. THE PANAMA CANAL. §§ 76, 77. Trans-Isthmian Canal Project Its difficulties; Antagonism between Interests 84, 85. Great Britain on the Mosquito Coast 101. Concession by Colombia of Panama route to Exclusive Canal Policy of the United States. The Hay-Pauncefote Treaty, 1901 §§ 112-28. The Hay-Pauncefote Treaty 129-132. Negotiations between the United States Hay-Herran unratified Treaty 133, 134. Independence of Panama . The Hay-Bunau-Varilla Treaty or Panama Convention, 1903 §§ 135-44. The Hay-Bunau-Varilla Treaty. 145-7. The Panama Canal Act 148-62. The Tolls Question PART III. THE CANALS FROM THE OUTBREAK OF THE GREAT (a) The Suez Canal. $ 163. The Status of Egypt before Turkey became 164, 165. Proclamation of British Protectorate over 166-9. Egypt British Administration of the Canal during 78 79 INTRODUCTORY 1. AN interoceanic canal is an artificial waterway by which two oceans or seas are connected with one another to facilitate navigation. 2. Two canals of this kind-the Suez and Panamaon account of their special commercial and strategic importance to the world, have acquired an international status which it is the object of this paper to explain. Other interoceanic canals, made in the interests of the territorial State only, have not been internationalized in any way. Such are: (a) The Corinth Canal, which is in Greek territory. It was opened in 1893, and is of some commercial value as connecting different parts of Greece and as a route between the Adriatic, the Black Sea, and Asia Minor. (b) The Kiel Canal, between the Bay of Kiel and the mouth of the Elbe, which connects the North Sea and the Baltic and was constructed by the German Empire for strategic purposes. It brings the arsenals of Kiel and Wilhelmshaven into close communication and avoids for the German Navy the danger of the Danish Sounds and Belts. Its use in this respect has been conspicuous in the present war. The Baltic trade of Hamburg and Bremen derives some benefit from it.1 3. All interoceanic canals are subject to the sovereignty of the State within whose territory they are, i. e. the territorial State; but by treaty or international usage other States may acquire rights of navigation over them. It is a matter for consideration whether, independently of such a special title, other States have a right of innocent passage through an interoceanic canal, as they have through a narrow strait of the sea. 4. The existence of such a right has sometimes been 1 See J. B. Moore, Digest of International Law (Washington, 1906), vol. iii, p. 269, who cites H. Bonfils, Manuel de Droit International Public (7th ed. Paris, 1914), p. 274. B |