Legal Aspects of Internationalization of Interoceanic Canals

Abstract

Twice in the last twelve years the Suez Canal has fallen victim to the Middle East crisis. Today, the Canal remains blocked, with no sign as to when it may be reopened to traffic. Pursuant to the Security Council resolution unanimously adopted on November 22, I967,1 Dr. Gunnar Jarring, Special Representative of the SecretaryGeneral, has been dispatched to the Middle East to help bring about a peaceful settlement2 based upon principles which include the guarantee of freedom of navigation through international waterways.3 It may be noted that the free navigation principle was contained also in the draft resolutions submitted to the Security Council by the Soviet Union,4 the United States5 and one jointly by Mali, Nigeria and India6 as well as one submitted to the General Assembly co-sponsored by twenty Latin American states, including Panama.7 The invariable inclusion of this principle in all these proposals underscores the universal concern for a permanent and sound arrangement whereby international waterways could be converted into instruments of peace and progress, instead of being sources of war and destruction. Halfway around the globe from Suez is the Panama Canal, itself, just a few years ago a scene of disorder and violence resulting in the severance of diplomatic relations between the United States and Panama.8 Though the relations appear normal