one.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, August 16 (1917).
* * * * *
SECTION 2
_In Other Waters_
THE SUEZ CANAL
Sir,--Your correspondent "M.B." has done good service by calling
attention to the misleading nature of the often-repeated statement that
the Suez Canal has been "neutralised" by the Convention of 1888. Perhaps
you will allow me more explicitly to show why, and how far, this
statement is misleading.
In the first place, this Convention is inoperative. It is so in
consequence of the following reservation made by Lord Salisbury in the
course of the negotiations which resulted in the signature of the
Convention:--
"Les Delegues de la Grande-Bretagne ... pensent qu'il est de
leur devoir de formuler une reserve generale quant a
l'application de ces dispositions en tant qu'elles ne
seraient pas compatibles avec l'etat transitoire et
exceptionnel ou se trouve actuellement l'Egypte, et qu'elles
pourraient entraver la liberte d'action de leur Gouvernement
pendant la periode de l'occupation de l'Egypte par les forces
de sa Majeste Britannique."
Being thus unaffected by the treaty, the canal retains those
characteristics which it possesses, under the common law of nations, as
a narrow strait, wholly within the territory of one Power and connecting
two open seas. The fact that the strait is artificial may, I think, be
dismissed from consideration, for reasons stated by me in the
_Fortnightly Review_ for July, 1883. The characteristics of such a
strait are unfortunately by no means well ascertained, but may perhaps
be summarised as follows. In time of peace, the territorial Power is
bound by modern usage to allow "innocent passage," under reasonable
conditions as to tolls and the like, not only to the merchant vessels,
but also, probably, to the ships of war, of all nations. In time of war,
the territorial Power, if belligerent, may of course carry on, and is
exposed to, hostilities in the strait as elsewhere, and the entrances to
the strait are liable to a blockade. Should the territorial Power be
neutral, the strait would be closed to hostilities, though it would
probably be open to the "innocent passage" of belligerent ships of war.
It may be worth while to enquire how far this state of things would be
affected by the Convention of 1888, were it to come into operation. The
_status_ of the canal i
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