CANALS

Abstract

This chapter discusses international laws related to canals. A canal is an artificial waterway used for navigation. There are several kinds of canals, which according to their geographical location and their respective significance for international navigation give rise to different questions in international law. Although some of these canals are also employed for non-navigational uses, such as irrigation, drainage, or the transmission of water from a river or lake into another watercourse, navigation remains the principal purpose of any canal of international significance. Because of their artificial nature, canals are to be distinguished in international law from natural waterways, such as straits or international rivers. The meaning of artificial works for the legal qualification of a waterway was recognized in the Fisheries Case (UK vs. Norway). According to the distinction mentioned, a canalized river such as the Moselle River remains a natural waterway, whereas a lateral canal is an artificial waterway. A natural watercourse which has been made navigable by significant works of regulation, such as the St. Lawrence Seaway, may, however, be considered an artificial waterway.