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it necessary to take in order to insure by its own forces the defence of its other possessions situated on the eastern coast of the Red Sea.
Article XI The measures which shall be taken in the cases provided for by Articles IX and X of the present Treaty shall not interfere with the free use of the Canal. In the same cases, the erection of permanent fortifications contrary to the provisions of Article VIII is prohibited.
Article XII The High Contracting Parties, by application of the principle of equality as regards the free use of the Canal, a principle which forms one of the bases of the present Treaty, agree that none of them shall endeavour to obtain with respect to the Canal territorial or commercial advantages or privileges in any international arrangements which may be concluded. Moreover, the rights of Turkey as the territorial Power are reserved.
With the exception of the obligations expressly provided by the clauses of the present Treaty, the sovereign rights of His Imperial Majesty the Sultan, and the rights and immunities of His Highness the Khedive, resulting from the Firmans, are in no way affected.
Article XIV . The High Contracting Parties agree that the engagements resulting from the present Treaty, shall not be limited by the duration of the Acts of Concession of the Universal Suez Canal Company.
Article XV The stipulations of the present Treaty shall not interfere with the sanitary measures in force in Egypt.
The High Contracting Parties undertake to bring the present Treaty to the knowledge of the States which have not signed it, inviting them to accede to it.
In witness whereof the respective Plenipotentiaries have signed present Treaty, and have affixed to it the seal of their arms.
NOTE. — Great Britain took an active part in the negotiation of the above Convention, but accompanied her acceptance of it with a reservation of the application of its provisions “in so far as they may not be compatible with the transitory and exceptional condition of things actually existing in Egypt, and may limit the freedom of action of the (British) Government during the period of the occupation of Egypt by the forces of Her Britannic Majesty.” But by Article VI of the Agreement of 1904 with France concerning Egypt and Morocco Great Britain receded from this position, and signified her adherence, not only to the provisions of the Convention of 1888, but to their enforcement also. Both parties, however, concurred in the indefinite suspension of the annual meetings provided for by Article VIII of the Convention. (See Part II, No. 8, Article 6, page 51.)
22. The Hay-Pauncefote Treaty of 1901 for the Construction
and Neutralization of the Panama Canal The United States of America and His Majesty, Edward the Seventh, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, and Emperor of India, being desirous to facilitate the construction of a ship canal to connect the Atlantic and Pacific Oceans, by whatever route may be considered expedient, and to that end to remove any objection which may arise out of the Convention of the 19th April, 1850, commonly called the Clayton-Bulwer Treaty to the construction of such canal under the auspices of the Government of the United States, without impairing the "general principle” of neutralization established in Article VIII of that Convention, have for that purpose appointed as their Plenipotentiaries, (Here follow names and descriptions) Who, having communicated to each other their full powers which were found to be in due and proper form, have agreed upon the following articles:
Article I The High Contracting Parties agree that the present Treaty shall supersede the afore-mentioned Convention of the 19th April, 1850.
Article II It is agreed that the canal may be constructed under the auspices of the Government of the United States, either directly at its own cost, or by gift or loan of money to individuals or corporations, or through subscription to or purchase of stock or shares, and that, subject to the provisions of the present Treaty, the said Government shall have and enjoy all the rights incident to such construction, as well as the exclusive right of providing for the regulation and management of the canal.
The United States adopts, as the basis of the neutralization of such ship-canal, the following rules, substantially as embodied in the Convention of Constantinople, signed the 29th. October, 1888, for the free navigation of the Suez Canal, that is to say:
1. The canal shall be free and open to the vessels of commerce and of war of all nations observing these Rules, on terms of entire equality, so that there shall be no discrimination against any such nation, or its citizens or subjects, in respect of the conditions or charges of traffic, or otherwise. Such conditions and charges of traffic shall be just and equitable.
2. The canal shall never be blockaded, nor shall any right of war be exercised nor any act of hostility be committed within it. The United States, however, shall be at liberty to maintain such military police along the canal as may be necessary to protect it against lawlessness and disorder.
3. Vessels of war of a belligerent shall not revictual nor take any stores in the canal except so far as may be strictly necessary; and the transit of such vessels through the canal shall be effected with the least possible delay in accordance with the Regulations in force, and with only such intermission as may result from the necessities of the service.
Prizes shall be in all respects subject to the same Rules as vessels of war of the belligerents.
4. No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal, except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible dispatch.
5. The provisions of this article shall apply to waters adjacent to the canal, within three marine miles of either end. Vessels of war of a belligerent shall not remain in such waters longer than twenty-four hours at any one time, except in case of distress, and in such case, shall depart as soon as possible; but a vessel of war of one belligerent shall not depart within twenty-four hours from the departure of a vessel of war of the other belligerent.
6. The plant, establishments, buildings and all works necessary to the construction, maintenance, and operation of the canal shall be deemed to be part thereof, for the purposes of this Treaty, and in time of war, as in time of peace, shall enjoy complete immunity from attack or injury by belligerents and from acts calculated to impair their usefulness as part of the canal.
Article IV It is agreed that no change of territorial sovereignty or of the international relations of the country or countries traversed by the before-mentioned canal shall affect the general principle of neutralization or the obligation of the High Contracting Parties under the present Treaty. (Supplement to the American Journal of International Law, April, 1909, pp. 127-129.)
23. Excerpts from the Hay-Varilla Treaty of 1903 for the
Construction and Working of the Panama Canal The United States of America and the Republic of Panama being desirous to insure the construction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific oceans, and the Congress of the United States of America having passed an act approved June 28, 1902, in furtherance of that object, by which the President of the United States is authorized to acquire within a reasonable time the control of the necessary territory of the Republic of Colombia, and the sovereignty of such territory being actually vested in the Republic of Panama, the high contracting parties have resolved for that purpose to conclude a Convention and have accordingly appointed as their Plenipotentiaries, (here follow names and descriptions), who have agreed upon and concluded the following articles:
Article I The United States guarantees and will maintain the independence of the Republic of Panama.
Article II The Republic of Panama grants to the United States in perpetuity the use, occupation and control of a zone of land and land under water for the construction, maintenance, operation, sanitation and protection of said canal of the width of ten miles extending to the distance of five miles on each side of the centre line of the route of the canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific Ocean to a distance of three marine miles from mean low water mark with the proviso that the cities of Panama and Colon and the harbours adjacent to said cities, which are included within the boundaries of the zone above described, shall not be included within this grant. The Republic of Panama further grants to the United States in perpetuity the use, occupation and control of any other lands and waters outside of the zone above described which may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said canal or of any auxiliary canals or other works necessary and convenient for