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The Status of the
SUEZ
dlo.
CANAL
By
Dr. LIN WO CHIANG
ire,
an
used of the Canal, within the limit permitted by the Convon. tion; as any other belligerent, If they were in a position to do
60.
an
traverses.
Quite apart from the Conven- tion of Constantinople which establishes the legal status of the Suez Canal, international law and customs have in modern Limes always supported a right The attacks made on the
of passage on rivers which bound or traverse Suez Canal by Axis aircraft
more than one State--the International again focus public attention on
rivers and straits which from the question of the legal status of this important inter-oceanic
international highway be- tween two seas. waterway. So for the damage
Before the French Revolu- done to the Canal is slight, and it for vessels of all kinds and all Great Britain, Germany ́ and, traffic has not been Interrupted. nations in time of peace as well Italy, are signatory Powers to tlon, the riparian States on
Convention. They
what are now called inter- But this may only be the begin- as of war. In 1875 Sir Travers this ning of a determined attempt Twiss proposed the neutralisa- therefore, all bound by the sti national rivers could, in the ab- on the part of a desperate bel- tion of the Canal, and in 1879 pulations made in the Conven- sence of special treaties, exclude ligerent to put this artery of the Institute of International tion. Thus, the Axis Powers foreign, vessels altogether from world communication out of Law passed a resolution in fa threw the Convention overboard those parts which ran through commission,
your of the protection of free when they deliberately raided their, territory. In 1792, how. Since the opening of the Suez navigation on the Canal by ah the Canal.
ever, the provisional Executive Council of France declared, Canal to world traffic in 1869, international treaty. After the The second important thing the distance between most of the revolt of Arabis Pasha, Great to note is that the Suez Canal apropos of the Scheldt, that "the European and Asiatic ports-has Britain proposed an interna is not "neutralised," in the stream of a river is the com been shortened by five or six tional conference to the Powers sense as it is commonly under- mon, inalienable property of all thousand miles. This short cut for the purpose of neutralising stond. By neutralisation, it is countries which it bounds and makes possible for more fre- the Canal; but it was not until usually meant not only absten- quent trips to be made by the October 29, 1888, that the Con- tion from acts of war, as in the International Rivers same number of ships, which vention of Constantinople was case of neutrality, but also
This has been accepted as would have to be multiplied if signed by Great Britain, France, obligation to abstain from war general principle; and the Vien- they had to go round the Cape Germany, Italy, Austria-Hun- like use of certain places and of Good Hope, as they used to gary, Russia, Spain, Holland things which have had the neu- that international rivers of na Congress in 1815 proclaimed With the acute scarcity of and Turkey. The signing of tral character stamped on them ships in war time, the impor- the Convention by Great Britain by international agreement. En- Europe would be free for navi
gation by merchantmen of not tance of keeping the Canal open was accompanied by a reserva- forced neutrality is, therefore, only the riparians but of all becomes even more evident. tion concerning her policy to- the essence of neutralisation.
States. The Peace Treaty of The fact that ten whole years ward Egypt, which was then The Canal Convention con- Parls of 1866 expressly declared were spent in its construction, practically a British protector- tains all the essentials of neu- that the principle of the Vienna a sum of not less than £20,000,- 'nte. But in 1904, in treaty tralisation; but it is different Congress regarding free naviga 000 was invested in the enter with France concerning Egypt from neutralisation in some tion on International rivers prise, and an international con- and Morocco, Great Britain other respects:
should become part of "Euro- vention was finally concluded signified formal adherence to
penn Public Law." for its neutralisation, goes a the Convention. Below are
Since 1919, several important long way to prove that it was some of the articles in this Con-
dealing with
(1) If it were neutralised it rivers, the Danube, for example, the would be closed to the warships have been "internationalised." tence of the Suez Canal would freedom of passage: be a contribution towards Article 1. The Suez Mari- of belligerents, whereas, by Ar. A strait that forms an inter- ticle IV of the Convention, free national highway is on the same ameliorating the economic life time Canal shall always be of the whole world. To-day free and open, in time of war passage is allowed "even to the category as an international river, except that greater freedom is en- there is hardly one nation that as in time of peace, to every
ships of war of belligerents." joyed by foreign vessels, since not
(2) The territorial Power, only merchantmen
but warships of has not been benefited, either
vessel of commerce or of war, previously Turkey and Tow all nation
nations, are entitled to a right of directly or indirectly, by the without distinction of flag.
innocent passage. The Stralis of Article 2. . . . They under. Egypt, is not obliged to remain Mellan are of the type just de- facilities which it offers. The
neutral, as required of a neu scribed. In a dispute with Chile Suez Canal has become so indis- take not to interfere in any tralised state, although she is regarding freedom pensable an institution of in- way with the security of that obliged to refrain from acts of
rough these straits, the United ternational life that its inter- either wholly or in part without previous ruption even in time of war was
working of which shall not be hostility or "any act having for Soter declared in 1979, that "the its object to obstruct the free will not tolerate exclusive claims by exposed to any attempt at navigation of the canal," despite nation whatever to the Straits Article 3. The High Con- the fact that it lies wholly with- of Mugellon. While Article V in her territory. The fact that of
the
treaty between the Argentine tracting Parties likewise uni- dertake to respect the plant, Egypt has, to all appearances; Republic and Chile in 1881 provides:
"Magellan's Straits are neutralised. establishments, buildings, and in this war will, therefore, not guaranteed to
cast her lot with Great Britain forever, and free navigation is the flags of all works of the Maritime Canal alter the legal status of the Suez nations.
Canal, and expose it to attacks by the Axis Powers. The Suez principles apply equally well on the Article 4. The Maritime Canal enjoys a unique legal sta- Canal remaining open in time tus. Its immunity from hostile of war as a free passage, even attacks, and the obligation of What is more, as regards the Suez to the terms of Article 1 of keeping it permanently open to Canal, it has by the passage of time the present Treaty, the High world traffic, cannot be adequ- conferred a prescriptive right to the Contracting Partics agree ately covered by the rules of enjoyment of the facilities it offers that no right of war, no act neutrality or neutralisation. It to all other States, signatory or non- territorial of hostility, nor any act is more: the Suez Canal is "in- Power-
rescind It having for its object to ob-
has become the "common,
common, Inalien- struct the free navigation of (3) No right of war is to be able properly" of all nations who the. Canal, shall be committed
have been using
it and have con- exercised by the signatory
tributed in the Canal and its ports of Powers as belligerents, within upkeep and improvement since 1809. by the tolls paid towards its access, as well as within the Canal area, as indicated in They have helped to make the
The
Hongkong Telegraph. early recognised that the exis- vention
Thursday, May 22, 1941. Wyndham St., Hongkong
Telephone: 26615
THE prefix "Special to the Telegraph". used by the Hongkong Telegraph" to Indicate news which is strictly copyright ander the provisions of the Telecommuni cations Arditiance, 1938. Auch news A" bears the indication "U" in. received in tongkong on the date of publication by the United Press Association, who serve it rights and forbid republications.
arrangement.
-3
|
not to be thought of. Such con- tingency was anticipated by the Convention of Constantinople in 1888, which stipulated that the canal was to be kept open to ships of all nations, in time meagre gain a complete and of peace as well as of war.
INVASION OF CRETE DETAILS of the German Invasion of Crete by parachutists are still too
to
wholly accurate picture of the latest turn in the war, but, not un- naturally, immedinte reaction took
Bold Undertaking
For a better comprehension of the true status of the Suez Canal, certain facts "connected therewith, and such principles as apply to it, are briefly pre- sented here..
cann and its branches, the
obstruction.
and of the Canal.
Fresh-water
The Convention
*
of navigation
States
It may be concluded that these
Suez Canal.
Prescriptive Right
which even the
the form of speculation regarding the object of the Nazis in attempt ing such a hazardous undertaking Is it a diversion in order to distract Britain's attention from more im-
The opening of the 19th Cen- portant ventures, such as an attack tury saw a phenomenal growth on Gibraltar? Is it a serious effort of trade and cultural relations to hold one of the most strategical among nations; and, points in the Mediterranean, offering quently, human minds have ever since been actively occupied at the same time an ideal stepping with the problem of the im- _stone_for_the_transfer of men and provement-of-the-means-of-com-radius-of-three-marine-miles-Article IV: The phrase "right Suez-Canal-what-it-is-to-day, and
materials to Syrin, with the eventual sím of a drive against India and the Sticz? Is it merely a practice inva- sion as a prelude to a similar attack against the British Isles? These appear to be the main considerations
of such a venture and can be dis-
cussed as such,
The suggestion that the invasion will prove to be nothing more than an episode to create a diversion loses
Its attraction when it is realised that
the successful occupation of Crete by the Nazis is a natural corollary both of the subjugation of Greece and the endeavour to assume control of Syria; neither is it likely that the Nazis now harbour any illusions of diver- being capable of creating a sion. British military leaders are prepared for anything and are not,
therefore, easily distracted,
conse-
Powers...
ternationalised."
signatorypl-cannol
obstructed by unprincipled bel-
munication, with a view to
from those ports, even though of war," includes all kinds of will not tolerate its being destroyed overcoming distance and space. the Ottoman Empire should hostile acts, and all the means ligerents. The installing of steam engines be one of the belligerent employed to carry them out, The outrageous attacks on the in ocean-going vessels and the,
whether by land, sea or air Canal by the Axis Powers remind spanning of electric telegraph across land and sea, are but a Points Evident
forces. That being so, an enemy one of the story of the fox in the few instances of the attempts
who is using the Canal, even for vineyard, which cried "the grapes after all attempts to get made in this direction during us
Before proceeding further, let the communication of military at them failed. But the proverbial pause for A moment to transport, cannot be attacked, fox had done better; It did not up- the first and second quarters of examine more closely the above nor can the canal be obstructed root the vines, instead it said, "take the last century. And it was at Convention in the light of the by any way to prevent its being them who will the beginning of the third quar- present European War, which is used to the advantage of one's depends not on the generosity of However. in this case, the world ter of that century, the year spreading to the Near East. opponent, such
as the Axis Germany and Italy for free passage;
are Rour
1856, that the bold undertaking The first thing that strikes one Powers have been attempting to it demands rather as of right-a to remove the natural obstacle is that all the principal belli- do recently. They would be right sanctioned by International that laid between communica gerents- in tion between Europe and Asia-
the present, war; just as much entitled to make convention and low-that they leave
the Suez Canal alone. the Isthmus of Suez--was pro- posed by the French engineer. Ferdinand de Lesseps, to the ruler of Egypt.
Lesseps, who secured the con- cession from the Khedive of
Egypt to cut the isthmus, under- took to form a company for that purpose under the name of the Univerani Company of the Suez
The proposition that the Crete affair is a prelude to a big Nazi drive | Maritime Canal. The capital
tive India, comes from Germany, and there
are So many
factors that it is hardly worth taking
example, that not only is the occupa-
Imagination.
·
British Control
ALL SYRIA IS PRO-BRITISH
By Pertinax
In the Near East with its final objec-of the company was subscribed 17HILE an Anglo-Turkish system of defence under its commanding officer, in full parade at- by the Khedive of Egypt, W is being put in shape from Cyrenaica to tire to avoid suspicion, slipped away to join the discounting France, England, Austria and which the British Fleet and the Royal Air Force British forces in the south. In that manner, in 1869. The canal was opened pected that French-mandated Syria will not be Weygand had tried hard to use as a lever to rouse the Netherlands. Work began add their offensive possibilities can it be ex- Syria went out of the war-Syria which General very seriously. It presupposes, for
in 1869. The original cost was £20,000,000, but vast sums have involved in the struggle, that, to the end of the the Balkan atates against the Nazi empire. Hon of Crete effected, but that after-
conflict, sho will remain "no warrior's land" or All positions have been reversed. To-day since been spent in improve will the British and Turks deem it expedient to developments in the Balkans may draw in Syria. wards the island is rendered immune
ments. from attacks both by the British
treat her as a "zone of socurity"?
Last June the mandated territory was gar- navy and the British air force; and
When General Maxime Weygand was re- risoned with 125,000 men, a nucleus of three further that the Nazis succeed in
In 1875 the British Govern- called from his Near Eastern command last May French divisions and Syrian, Tunisian as well reducing Asia Minor, and with the ment bought all the shares to become generalissimo of the French army, and us Senegalese levees. The three divisions have connivance of Russia, can attack owned by the Khedive, and, thus took leave of his officers, he told them, filled with been sent back to France at the request of the India from Turkestan vle the Cas became one of the principal sombre forebodings as ho was, that the forces in Italian armistice commission. pian Sea. This is stretching the shareholders of the Suez Canal Syria ought to fight on, whatever happened to the Thus Syria has been left in the hands of a
not too efficient force. Recently older, officers: It may well be that the Crete in that the Canal would be opened
Company. It was then declared Motherland.
No wonder, therefore, that Weygand's suc- were sent from Vichy to strengthen them and vasion is a rehearsal for the bigger to ships of any nation, subject cessor, General Mittelhauser, and High Commis- General Dentz, formerly head of military intel- to the paying of tolls. But this stoner Gabriel Puacx, as soon as they heard of ligence at French general headquarters, who, list -but a secondary 'consideration. The right of passage was really only the conclusion of the armistice, publicly express June, was appointed military governor of Paris most acceptable theory is that the a right enjoyed by sufferance, ed their resolve to continue the compaign by the as soon as the decision not to defend that city Nazis are making a Berious
It might be withdrawn when- side of England.
was made, has been given Mittelhauser's post.. deavour to diprive British of a
the torritorial Power, ever
The generalissimo himself had to return to The arms taken from the troops have not highly important and strategical base
been destroyed. They are kept under Italian In the eastern Mediterranean; a base Egypt, or the Powers that had Beyrouth by air to stop them. which, while it is in the hands of large control over the... Canal The consequence of General Weygand's flight control in arsenals, and depote where Senegalese the Allies, is a severe handicap to company, chose to close. it, to Syria oight months ago, which followed close- soldiers mount guard. The whole population is German military aspirations in the Thus the question of keeping the ly on a message sent by Marshal Henri Philippe described as pro-British, irrespective of creed and Near Enat. Crete Is n' key position. Canal open to all nations of all Petain, was that Colonel De Larminat, chief of race. Even the patriarch of the Maronites, the
Greece and times was raised.
staff to General Mittelhauser, alone broke away traditional- pillar of French influence in the Le Syrin and Palestine fopproache Iniy, while it provides an ideal On the opening of the Suez from Vichy. He had authorised a Polish brigade vant, did not refrain from publicly associating werful base for operation. In the Canal, the attention of juristanto go over to Palestino and, being placed under with the British cause. The current talk of the enstern Mediterranean. This is ro- and diplomatists was at once arrest, went there himself. Some troops crossed people is that Syrin will somehow be in the coumised-by-both Britain and--Ger--
once the Turks have declared war on Huny hence the Nazi attempt to drawn to the question as to how the border, but not many secure. Its possesalons) a bad judi
show against Britain, but this is not likely to be the primary objectivo,
It controls the sca
to
to secure free navigation upon The story is told of a squad or Spahis which,
.