STUDIES IN ECONOMICS AND POLITICAL SCIENCE. Edited by HON. W. PEMBER REEVES, Director of the London School of Economics and Political Science. No. 25 in the Series of Monographs by Writers connected THE PANAMA CANAL ww THE PANAMA CANAL A STUDY IN INTERNATIONAL BY HARMODIO ARIAS, B.A., LL.B. SOMETIME EXHIBITIONER AND PRIZEMAN OF ST. JOHN'S COLLEGE, CAMBRIDGE QUAIN PRIZEMAN IN INTERNATIONAL LAW, UNIVERSITY OF LONDON LONDON P. S. KING AND SON Lond sch. econ. & 9 N '11 E.E. 341 Ar4p PREFACE ALL the maritime nations have interests of transcendent value on those sea-routes which, on account of their position as supplying the most convenient means of communication, may properly be called international. This is the reason why the civilised world has concentrated so much attention upon the question of the Panama Canal. The engineer has by now very nearly completed his share in the great task of uniting the Atlantic and the Pacific Oceans by means of a canal, thus providing a more rapid and easy means of intercourse between different peoples. It remains for the jurist to ascertain what is the legal position of the canal, so that this work of civilisation, being placed under the rule of law and justice, may be as productive of welfare to mankind as it is possible. It is his duty to examine the value of the international agreements that refer to the question of interoceanic transit under the light of legal theory and as resting on the hard facts of history, gauging at the same time the immediate effects not less than the possible consequences that may result from the adopted solution of the problem. In my endeavours to find the answer to the question relating to the legal status of the Panama Canal, it has been my aim to put aside any personal bias or national prejudice, thus endeavouring to carry into my work a judicial impartiality. It seemed advisable, before dealing with the purely legal aspect of the question, to examine at some length the diplomatic history of the interoceanic transit, for such an inquiry would serve as a preliminary to the solution of the problem, thus placing us in a position to ascertain how far the status of the waterway is the result of a kind of compromise springing from the divers and conflicting interests and aspirations of the powers more directly affected by the opening of the new route. I have, therefore, dealt with the 198298 |