The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview
Save to active project

States and Great Britain. But the main provisions of these conventions may also be said to constitute rules or principles of the Law of Nations which would operate even in the absence of such agreements. It can at least be said that canals which constitute international highways are free and open to the warships as well as the merchant vessels of all nations in time of peace on terms of entire equality. There should be no discrimination in conditions or charges of traffic and these must be just and equitable.40 The same rights or privileges probably extend to warships for purposes of innocent (i.e. inoffensive) passage even in time of war.


Marginal Sea, Bays or Gulfs, Lakes or Seas, and Straits. -- * Barclay , in 27 1. L. A ( 1912), 81 ff., and in 12 and 13 Annuaire, 104 ff. and 125 ff.; Bluntschli, Arts. 302-10; Bonfils, Nos. 491-511, 516-19; Bower, in 7 (3d ser.) J. C. L. ( 1925), 137 ff.; Bry, Préis élémentaire de droit int. public ( 1906), Nos. 130-37, 139-41; Brown, in 17 A. J. ( 1923), 89-95, and in Proc. Am. Soc. I. L. ( 1923), 15-31; * Bynkershoek , De Dominio Maris ( 1702), cap. 2, and Questionis juris publici ( 1737), I, 1, c. 8;1 Calvo, §§ 353-75; Caratheodory, in 2 Holtzendorff Handbuch, 378-85;* Charteris, in 23 and 27 I. L. A. ( 1908 and 1912).

be interpreted as hindering the protection of that freedom by the Power best able to give it, in good faith and with no avoidable disturbance of commerce."

The control of the Suez Canal by Great Britain rests partly upon her occupation of Egypt and partly upon her ownership of nearly half of the shares in the Suez Canal Co.; that of the United States over the Panama Canal upon the construction and ownership of the Canal, and upon the "grant in perpetuity" by the Republic of Panama of "the use, occupation, and control of a zone of land, and land under water" of the width of ten miles in the Isthmus of Panama. Art. 2 of Treaty of 1903. See Supp. to 3 A. J. ( 1909), 130.

Cf. Arts. 1 and 3 (1) of the Treaty of Constantinople and of the Hay- Pauncefote Treaty.

In 1912 Congress passed an Act exempting our coastwise trade from tolls on the Panama Canal. Great Britain protested on the ground that this exemption was a violation of the Hay-Pauncefote Treaty. After considerable controversy, President Wilson (in 1914) finally secured the repeal of the Panama Canal Act.

The main question involved was whether the words "all nations" (who were assured the free and open use of the Canal on terms of entire equality) were susceptible of being interpreted "all nations except the United States."

For legal arguments on both sides of this question, see especially Proc. Am. Soc. I. L. ( 1913), passim. The arguments are briefly summarized by Jones, Caribbean Interests of U. S. ( 1916), ch. 11. For references, see Ibid., 362-66.


Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Cite this page

Cited page

Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
The Essentials of International Public Law and Organization
Table of contents

Table of contents



Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 784

matching results for page

Cited passage

Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?