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Show -82- "c « . a riparian state may not refuse to carry out works necessary for the improvement of the navigability which are asked for by an- other riparian state, if the latter state offers to pay the cost of the works and a fair share of the additional cost of upkeep. .» ." except where objection of the riparian state can be and is made on the ground of vital interests, requirements for irrigation, water power, canals or the like. Under the Statute of Barcelona controversies not settled by agreement or special arbitration must be submitted to the Permanent Court of Inter** national Justice.170 This is a world-wide acknowledgement of the principle of free navigation which was written into .the Constitution of the United States nearly a century and a half ago, and which the United States has since advanced repeatedly as a principle of international law. Further, it should be noted, in passing, that the United States, not being a member of the League of Nations or a signatory to the Barcelona Convention, has very recently negotiated separate treaties with the more important Powers to the same effect, in respect to navigable waters, as the Barcelona Statute.3-71 . . navigation of waterways of international interest was free to all contracting States whether riparian or non-riparian, and that there should be no dis- crimination against the subjects, goods, or flags of any of the said-States; but this freedom was not extended to States not privy to the convention.. It ¦ was also provided--and here was an important innovation-that the principle of liberty of transit should apply equally to national rivers without distinction as to nationality or property, with equality of treatment, and without any special taxes or duties.17 ¦ 'The'full text of the Statute of" Barcelona appears in (192lj.) 18 &&> J. Int. Le (Supp.) 151, 7 League of Nations Treaty Series, $1, The quotation in the. text is from Art. 10, s3 of the Statute. The Statute of Barcelona dees not authorize any nation, or its vessels,' to engage in coastwise or interior river navigation wholly within the territory of any other nation* 171 ¦ ¦ Treaty between United States and Germany proclaimed Oct. 12+, 19-25* Uk Stato at X. 2132. Art. XI is as follows: "Merchant vessels and other pri- vately ow;ned vessels .under th3 flag of e.ither, of the High Contracting Parties shall be permitted to discharge portions of cargoes at any port .open to foreign commerce in- the territories of the other High Contracting Party, and tq pro- ceed with the remaining portions of such cargoes to any other ports of the same territories open to foreign commerce, without paying other or higher •tonnage dues or port charges in such cases than would be paid by national vessels in like circumstances> and they shall be permitted to load in like manner at different ports in the same.voyage outward,, provided, however,1 that the coasting trade of the United States is exempt from the provisions tfthis Article and from the other provisions of this Treaty, and is to be regulated according to the laws of the United States in relation thereto* It isagreed, however, that the nationals of either High Contracting Party shall within tho territories of the other enjoy with respect to the coasting trade the most favored nation treatment*11 ' : • v ¦ *,-..¦ |
