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The Treaty with Nicaragua Granting Canal and Other Rights to the United States

Published online by Cambridge University Press:  04 May 2017

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Abstract

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Type
Editorial Comment
Copyright
Copyright © American Society of International Law 1916

References

1 The text of the convention of 1911 is printed in the Supplement to the Journal for that year, Vol. V, p. 291. An editorial comparing that convention with the Dominican Receivership Convention appeared in the October, 1911, Journal, p. 1044.

2 Malloy, Treaties, Conventions, etc., Vol. I, p. 362.

3 Regarding attempts to form such a union, see editorial in this Journal for October, 1913, p. 829.

4 For the text of the award and information regarding the arbitration, see Moore’s International Arbitrations, Vol. II, pp. 1945–68.

5 These natural rights were defined in President Cleveland’s award as follows: “The natural rights of the Republic of Costa Rica alluded to in the said stipulation are the rights which, in view of the boundaries fixed by the said Treaty of Limits, she possesses in the soil thereby recognized as belonging exclusively to her; the rights which she possesses in the harbors of San Juan del Norte and Salinas Bay; and the rights which she possesses in so much of the River San Juan as lies more than three English miles below Castillo Viejo, measuring from the exterior fortifications of the said castle as the same existed in the year 1858; and perhaps other rights not here particularly specified. These rights are to be deemed injured in any case where the territory belonging to the Republic of Costa Rica is occupied or flooded; where there is an encroachment upon either of the said harbors injurious to Costa Rica; or where there is such an obstruction or deviation of the River San Juan as to destroy or seriously impair the navigation of the said River or any of its branches at any point where Costa Rica is entitled to navigate the same.”

6 This convention is printed in the Supplement to the Journal for 1908, Vol. II, p. 219.

7 For the text of this convention, see Supplement to the Journal for 1911, Vol. V, p. 274.