1941-05-22 — Page 20

Thursday,

HONGKONG TELEGRAPH

May 22, 1941.

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The Status of the

SUEZ

CANAL

By

Dr. LIN WO-CHIANG

used of the Canal, within the limit permitted by the Conven- tion, as any other belligerent, if they wore in a position to do

80.

Quite apart from the Conven- 'tion of Constantinople which establishes the legal status of the Suez Canal, international law and customs have in modern times always supported a right of passago on rivers which bound or traverse more than one State-the international rivers and straits which from an international highway be- tween two sens.

Before the French Revolu-

called Inter-

traverses.

now

"

The attacks made on the Suez Canal by Axis aircraft again focus public attention on the question of the legal status of this important inter-oceanic waterway So far the damage 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 tion, the riparian States on

Convention. They are, what are But this may only be the begin- as of war. In 1875 Sir Travers this ning of a determined attempt Twiss proposed the neutrallan- therefore, all bound by the st. 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-"throw the Convention overboard those parts which ran through. commission.

vour of the protection of free when they deliberately raided their territory. In 1792, how..

ever, the provisional Executive Since the opening of the Suez navigation on the Canal by an the Canal.

After the Canal to world traffic in 1869, international treaty.

The second important thing Council of France declared, the distance between most of the revolt of Arabis Pasha, Great. to note is that the Suez Canal "ropos of the Scheldt, that "the

not "neutralised," in the ream of a river is the com-. European and Asiatic ports has Britain proposed an interna- is 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 stood. 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-

International Rivers quent trips to be made by the October 29, 1888, that the Con- tion from acts of war, as in the same number of ships, which vention of Constantinople was case of neutrality, but also an This has been accepted as a 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-Han like use of certain places and

na Congress in 1815 proclaimed of Good Hope, as they used to gary, Russia, Spain, Holland things which have had the neu- that international rivers of do. With the acute scarcity of and Turkey. The signing of tral character stamped on them Europe would be free for navi- ships in war time, the impor- the Convention by Great Britain by international agreement. En- gation by merchantmen, of no 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 Canal Convention con Paris of 1856 expressly declared The fact that ten whole years ward Egypt, which was then were spent in its construction, practically a British protector- tains, all the essentials of new that the principle of the Vienna a sum of not less than £20,000, ate. But in 1904, in a treaty tralisation; but it is different Congress regarding free naviga- 000 was invested in the enter with France concerning Egypt from neutralisation in

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." Convention. Below for its neutralisation, goes a the

The Convention

Since 1919, several important long way to prove that it was some of the articles in this Con-

dealing with the (1) If it were neutralised it rivers, the Danube, for example,

would be closed to the warships have been "internationalised." fence of the Suez Canal would freedom of passage:

A strait that forms an Inter- be ♫1 contribution towards Article 1. The Suez Mari- of belligerents, whereas, by Ar- ameliorating the economic life time Canal shall always be ticle IV of the Convention, free national highway is on the same of the whole world. To-day

free and open, in time of war passage is allowed "even to the category as an international river.

ships of war of belligerents." there is hardly one nation that as in time of peace, to every (2) The territorial Power, only merchantmen, but warships of has not been benefited, either vessel of commerce or of war, previously Turkey

and now all nations, are entitled to a right of directly or indirectly, by the without distinction of flag. facilities which it offers. The

Egypt, is not obliged to remain innocent passage. The Straits of Article 2.

They under neutral, as required of a neu scribed. In dispute with Chile Magellon are of the type just de- Suez Canal has become so indis- take not to interfere in any tralised state, although she is regarding freedom of pensable an institution of in-

way with the security of that obliged to refrain from acts of sites declared in 1879 that the through these straits, the United ternational life that its inter- canal and its branches, the hostility or "any act having for ov

working of which shall not be its object to obstruct the free will not tolerate exclusive claims by Government of the United States exposed to any attempt at navigation of the canal," despite any nation whatever to the Straits obstruction.

the fact that it lies wholly with- of Magellan. While Article Article 3. The High Con- in her territory. The fact that of the treaty between the Argentine tracting Parties likewise un Egypt has, to all appearances, Republic and Chile in 1881 provides dertake to respect the plant, cast her lot with Great Britain "Magellan's Straits are neutralised forever, and free navigation is establishments, buildings, and in this war will, therefore, not guaranteed to the flags 02 ali works of the Maritime Canal alter the legal status of the Suez nations

Fresh-water Canal, and expose it to attacks. It may be concluded that these

Thongkong Telegraph. carly recognised that the exis- vention

Thursday, May 22, 1941. Wyndham St., Hongkong Telephone: 25615

THE prefix "parial to the Telegraph"

is used by, the "tangkong Telegraph to indiente news which is strictly copyright under the provisions of the Telecommual- rations Ordinance. 1936. Such news as bears the Indientian "UP" is received in Hongkong on the date of publication by the United Press Associations, who re- serve all rights and forbid republications, either wholly or in part without previous ruption even in time of war was Arrangement.

INVASION OF CRETE

DETAILS of the German Invasion of Crete by parachutists are still too meagre to gain a complete and wholly accurate picture of the latest turn in the war, bul, not un- naturally, Immediate reaction tock 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- portant ventures, such as an attack on Gibraltart Is it a serious effort to hold one of the most strategical points in the Mediterranean, offering at the same time an ideal stepping, stone for the transfer of men and materials to Syria, with the eventual aim of a drive against India and the Is it merely a practice inva- Sucz? sion as a prelude to a similar attack

against the British Isles? These

appear to be the main considerations

cussed as such.

|

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 of peace as well as of war.

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.

The opening of the 19th Cen- tury saw a phenomenal growth of trade and cultural relations among

nations; and, conse-

quently, human minds have ever since been actively occupied with the problem of the im- provement of the means of com- munication, with a view to overcoming distance and space. The installing of steam engines in ocean-going vessels and the spanning of electric telegraph across land and sea, are but a few instances of the attempts

and of the Canal.

are

some tion

except that greater freedom is en- joyed by foreign vessels, since not

Suez Canal.

navigation

Article 4 The Maritime Canal enjoys a unique legal sta-

by the Axis Powers. The Suez Principles apply equally well on the Canal remaining open in time fus. Its immunity from hostile

Prescriptive Right 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 parmge of time the present Treaty, the High world traffic, cannot be adequ- conferred a prescriptive right to the Contracting - Parties

of the facilities it offers enjoyment agree ately covered by the rules of to all other States, signatory or non- that me right of war, no act neutrality or neutralisation. It signatory, plecnunot rescind.

which even the territorial of hostility, nor any act is more: the Suez Canal is "in- having for its object to ob- ternationalised."

has become the "common, struct the free navigation of

able

property (3) No right of war is to be

have

71

who

using it and have con"

of all nat inalien the Canal, shall be committed exercised by the signatory tributed by the tolls paid towards its in the Canal and its ports of Powers as belligerents, within upkeep and improvement since 1889.

access, as well as within

the Canal arca, as indicated in They have helped to make the radius of three marine miles Article IV. The phrase "right Suez Canal what it is to-day, and from those ports, even though of war," includes all kinds of or obstructed by unprincipled bel

will not tolerate Its being destroyed the Ottoman Empire should hostile acts, and all the means ligerents.

be

Powers...

of the belligerent employed to carry them out, "The outrageous attacks on the whether by land, sea or air Canal by the Axis Powers remind Points Evident

forces. That being so, an enemy one of the story of the fox in the who is using the Canal, even for vineyard, which cried "the grapes failed. But the proverbial of such a venture and can be dis- made in this direction during us pause for a moment to transport, cannot be attacked, fox had done better; it did not up- Before proceeding further, let the communication of military at our after all attempts to get ines, instead it said, "toke the first and second quarters of examine more closely the above nor can the canal be obstructed root the vines, in the last century. And it was at Convention in the light of the by any way to prevent its being the who will."

However, in this case, the world the beginning of the third quar- present European War, which is used to the advantage of one's depends not on the generosity of ter of that century, the year spreading to the Near East. opponent, such as the Axis Germany and Italy for free passage, 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 the present war, just as much entitled to make convention and lay-that they leave

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 10 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.

tion between Europe and Asia— 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 Universal Company of the Suez

The proposition that the Crete affair is a prelude to a big Nuzi drive | Maritime Canal. The capital

wards the island is rendered immune from attocks both by the British navy and the British alr force; and

India from Turkestan via the Cas

Imagination.

ments.

British Control

the Suez Canal alone.

ALL SYRIA IS PRO-BRITISH

By Pertinax

in the Near East with its fluol objec- of the company was subscribed THILE an Anglo-Turkish system of defence under its commanding officer, in full parade at- of Egypt, We put is sampe from Cyrenales to tire to avoid suspicion, alipped away to join the tive India, comes from Germany, and by the Khedive

discounting France, England, Austria and there arc 50 mony

which the British, Fleet and the Royal Air Force British forces in the south. In that manner, The Netherlands. Work began add their offensive possibilities can it be ex- Syria went out of the war-Syria which General factors that it is hardly worth taking in 1859. The canal was opened pected that French-mandated Syrin will not be Weygand had tried hard to use as a lever to rouse very seriously. It presupposes, for in 1869. The original cost was volved in the struggle, that, to the end of the the Balkan states against the Nazi empire, example, that not only is the occupa- £20,000,000, but vast sums have conflict, she will remain "no warrior's land" or

All positions have been reversed. To-day tion of Crete effected, but that after since been spent in improve- will the British and Turks deem it expedient to developments in the Balkans may draw in Syria.

treat her as a "zone of security"?

Last June the mandated territory was gar- When General Maxime Weygand was re- risoned with 125,000 men, a nucleus of three further that the Nazis succeed in In 1876 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 as Senegalese levees. The three divisions have connivance of Russla, 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 plon Sea. This is stretching the became one of the principal sombre forebodings as he was, that the forces in Italian armiatice commission.

Thus Syria has been left in the hands of it shareholders of the Suez Canal Syria, ought to fight on, whatever happened to the

'not too efficient · force. Recently older officers It may well be that the Crele in- 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 that the Canal would be opened show against Britain, but this is not to ships of any nation, subject cessor, General Mittelhauser, and High Commis- General Dentz, formerly head of military intel- likely to be the primary objective, to the paying of tolls. But this sloner Gabriel Puacx, as soon as they heard of ligence at French general headquarters, who, Inst 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 right enjoyed by sufferance. ed their resolve to continue the compaign by the as soon as the decision not to defend that city Nazls are making a serious en It might be withdrawn when side of England.

was made, has been ven Mittelhauser's post. deavour to diprive British of a evor the highly important and

The arms taken from the troops have not The generalissimo himself had to return to Power,

been destroyed. They are kept under Italian a buse 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 depots where Benegalese the Allies, is a severe handicap to company, chose to close it, to Syria eight months ago, which followed close soldiers mount guard. The whole population is Germon milltary nepirations In the

Canal open to all nations at all Potain, was that Colonel De Larminat, chief of race. Even the patriarch of the Maronites, the Thus the question of keeping the ly on a message sent by Marshal Henri Philippe described as pro-British, Irrespective of creed and times was raised,

staff to General Mittelhauser, alone broke away traditional pillar of French influence in the Le- On the opening of the Suez from Vichy. He had authorised a Polish brigade vant, did not refrain from publicly associating. Canal, the attention of jurists to go over to Palestine and, boing placed under with the British cause The current talk of the and diplomatists was at once arrest, wont there himself. Some troops crossed people is that Syria will somehow be in the drawn to the question as to how the border, but not many, m

Britiah ares once the Turks have declared war on

In the eastern MeditORRORINNE D

Near East. Crete is a key position: It controls the sea approaches to Syrin

and Palestine from Greece and Italy, while it provides an ideal werful band for operations: In. the Tet, #1270 enstern Mediterranean. This is re- Tel: 20836 coined by both Britain and Get

sony hence the Nazi attempt to sovitra ita pozosion,

territorial

“to secure,free navigation' upon" The story is told-of-a-squad-of-Spahis-which, Germany.

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