On the Economic Cost to Panama of Negotiating a Peaceful Solution to the Panama Canal Question

1977 ◽  
Vol 19 (4) ◽  
pp. 509-521
Author(s):  
Alfred E. Osborne

Negotiating a treaty between two sovereign nations is no simple matter. Even when there is consensus that a new accord is long overdue, a solution acceptable to both governments and their most vocal constituencies is most elusive and often difficult to conclude within a reasonable period of time. This is especially true when there is strong popular opinion aroused on both sides. Discussions usually drag on, and while diplomats publicly agree that “progress is being made,” there are significant political and economic benefits unrealized by either or both countries involved in the negotiation proceedings (Lopez Guevara, 1976).The present treaty negotiations between the Republic of Panama and the United States of America is a case in point. That Panamanian public opinion is aroused on the Canal issue is indicated by the 1964 Canal Zone border incidents in which twenty-one Panamanians and three Americans died and by subsequent demonstrations.

1911 ◽  
Vol 5 (3) ◽  
pp. 615-619 ◽  
Author(s):  
Eugene Wambaugh

As a canal is part of the territory of the country through which it passes, the general principle of sovereignty gives to that country, and to that country alone, the right of fortification. This general principle is capable of modification by treaty. Thus, as the Suez Canal is wholly in Egypt, a right of fortification resided with Egypt, or with its suzerain, Turkey; and, in order to destroy the right, there had to be express provisions in the Constantinople Convention of 1888 — “ respecting the free navigation of the Suez Canal ” — to which Turkey was a party. In that treaty as to Suez, there was ample recognition of the prima facie right and duty of the local country to protect the canal. Similarly, the right to fortify the Panama Canal would still reside with the Republic of Panama, and not with the United States, if the convention of 1903 with Panama did not grant to the United States control of the Canal Zone, with all the rights which the United States would possess if it were the sovereign, and “ to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights.” The treaty specifically adds that “ the United States shall have the right * * * to establish fortifications.”


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