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38 Can. L. Times 230 (1918)
The Freedom of the Sea

handle is hein.journals/canlawtt38 and id is 248 raw text is: THE CANADIAN LAW TIMES. THE FREEDOM OF THE SEA. The second article in the peace programme for the world enunciated in the address of the President of the United States to -Congress on January 8th is the establishment of absolute freedom of navigation upon the seas outside territorial waters, alike in peace and in war, except as the ,seas may be closed, in whole or in part, by 'international' action for the enforcement of international covenants. Upon this proposition the commentary of the Chancellor of the German Empire, as expressed in the Reichstag on January 24th,1 runs: ,Complete freedom of navigation on the seas in war and peace is also put forward by Germany as one of the first and most important demands for the future. Here, therefore, there is no difference of opinion whatever. The restriction mentioned -by Mr. Wilson towards -the end is incomprehensible and seems superfluous. It should therefore be suppressed. It would, however, be important in a high degree for the future freedom of the seas, if claims to strongly forti- fied naval bases on important international shipping routes, such -as England maintains at Gibraltar, Malta, Aden, Hong-Kong, on the Falkland islands, and at many other points, were renounced.' There are obviously two fundamental distinctions between the conception of the freedom of the seas which is approved by the President and that which is put forward 'by the German Chancellor. The first is the omission in Count Hertling's declaration of any reference to the limitation of the right of free naviga- tion to the seas outside territorial waters, the second is the refusal to admit the principle that the seas may be closed by international action for the enforcement of international compacts. The motive of the first change is plain: the German Empire seeks to establish 1 The Times, Jan. 26th, 1918, p. 8. The worthlessness of this reply was emphasized by the President in 'an address to Congress on Febru- ary 11th. [VOL. 38 230

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