By Joseph A. Obieta S. J. S. J. D. (auth.)
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Extra info for The International Status of the Suez Canal
Sample text
On this point there is complete unanimity among writers, although, of course, the full concept of unilateral declarations might suffer a severe cut on the way. Like the declaration itself, acceptance by the party concerned may also take any form whatsoever by which the internal will to accept is outwardly manifested. The mere use of the canal by the vessels of some nation would be sufficient indication of the wish of that nation to accept the international regime. It is thus clear that an international regime may be established on a canal by consent of the territorial sovereign given in a unilateral declaration and accepted by the international community.
L A third opinion, held by Biscottini, 2 rejects all unilateral declarations except renunciation. According to this opinion, the legal effect of renunciation is to extinguish a right, and this can take effect as soon as the declaration has been made. The rest of the so-called unilateral declarations, offer, recognition, promise, and so on, are upon analysis nothing else than offers, since all of them require acceptance in order to produce legal effects. Now, an offer derives its legal effect not from the act of declaration but from the acceptance of the offer, and therefore from something outside the declaration itself.
The Conference on the Law of the Sea which convened at Geneva in 1958 accepted in full the notion expounded by the International Court. '" The two conditions required by the Court for an international strait are plainly visible in this Article. It may 'thus be said that the concept of an international strait, as based upon a geographical criterion, forms part now of the body of rules which constitute international law. Unlike international rivers and straits, which are natural waterways, international canals are artificially constructed.