The Panama Canal Conflict between Great Britain and the United States of America: A StudyOppenheim, L. (Lassa)
History
The Panama Canal Conflict between Great Britain and the United States of America: A Study
Oppenheim, L. (Lassa)
Great Britain. Treaties, etc. United States, 1901 Nov. 18; Panama Canal (Panama)
From these arguments of the President it becomes apparent that the
United States interprets Article III, No. 1, of the Hay-Pauncefote
Treaty as stipulating no discrimination against _foreign_ nations, but
as leaving it open to her to grant any privilege she likes to her own
vessels. According to this interpretation, the rules for the use of the
Canal are merely a basis of the neutrality which the United States was
willing should be characteristic of the Canal, and are not intended to
limit or hamper the United States in the exercise of her sovereign
power in dealing with her own commerce or in using her own Canal in
whatever manner she sees fit. The President specifically claims the
right of the United States eventually to allow her own vessels to use
the Canal without the payment of any tolls whatever, for the reason
that foreign States could not be prevented from refunding to their
vessels tolls levied upon them for the use of the Canal. If foreign
States, but not the United States, had a right to do this--so the
President argues--the irresistible conclusion would be that the United
States, although she owns, controls, and has paid for the construction
of the Canal, is restricted by the Hay-Pauncefote Treaty from aiding
her own commerce in a way open to all other nations. Since the rules of
the Hay-Pauncefote Treaty did not provide, as a condition for the
privilege of the use of the Canal upon equal terms with other nations,
that other nations desiring to build up a particular trade, involving
the use of the Canal, should neither directly agree to pay the tolls
nor refund to their vessels tolls levied, it is evident that the
Hay-Pauncefote Treaty does not affect the right of the United States to
refund tolls to her vessels, unless it is claimed that rules ensuring
all nations against discrimination would authorise the United States to
require that no foreign nation should grant to its shipping larger
subsidies or more liberal inducements to use the Canal than were
granted by any other nation.
II.
It cannot be denied that at the first glance the arguments of the
United States appear to be somewhat convincing. On further
consideration, however, one is struck by the fact that the whole
argumentation starts from, and is based upon, an absolutely wrong
presupposition, namely, that the United States is not in any way
restricted by the Hay-Pauncefote Treaty with regard to the Panama
Canal, but has granted to foreign nations the use of the Canal under a
conditional most-favoured-nation clause.
Public-domain text, read in full here on John Shaqi.
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