PREFACE One hundred and four years ago, when the representatives of the diverse nations of Europe, assembled at the Congress of Vienna, were, in conformity with the stipulations of the Treaty of Paris, instituting the principle of the universal navigation of inland waterways, even those entertaining the most sanguine expectations could not have foreseen the decisive part which this innovation was destined to play in the development of transportation during the ensuing century on the waterways even of distant continents. In 1815 the mechanical propulsion of vessels, which constitutes a most vital element in the utilization of the highways of inland waters, had not been sufficiently perfected to disclose its limitless possibilities in the improvement of international communication and the development of the world-wide commercial and industrial activities of the Nineteenth Century. In fulfillment of the aspiration "to facilitate the communication between nations, and continually to render them less strangers to each other," as proclaimed by the Peace of Paris in 1814, the nations of the world, through the adoption of the principle of free navigation, have facilitated international commerce and have demonstrated what may be attained through ef-fective international cooperation. By providing for the international navigation of certain European waterways, in the treaties with Austria, Germany and Poland, the Allied and Associated Powers at the Peace Con-ference at Paris have lately evinced an enlightened apprecia-tion of the benefit to be derived by all nations from securing; the most ample facilities of intercommunication. These treaty provisions, which are summarized at the conclusion of the Reference-Manual, will become operative upon the establishment of peace with the deposit of formal ratifications. Several inland states which would otherwise be isolated are assured of free transit over inland waters to the open sea by virtue of the Treaties of Versailles and Saint Germain-en-Laye. These fluvial rights may be extended into the space directly above, so that, with the progressive improvement of aerial transportation, such inland water-courses may serve, collaterally, as routes of International Airways. Air-vessels of an inland state might be denied transit over the terrestrial domain of adjacent nations, yet, if the state were situated on an international waterway, as Austria is situated on the Danube, airvessels might follow the course of the river without restraint. Substantial alterations in the boundaries of a nation may involve a greater dependence upon an international waterway than formerly. Austria, Czecho-Slovakia and Hungary may divert to the Danube commerce which passed through Fiume and Trieste when these Adriatic ports were comprised within the Dual Monarchy. An inland state having no navigable access to the sea may suffer during war economic restrictions which may jeopardize its supply of vital commodities. By reason of the exigencies of the World War, Switzerland, though having no mercantile marine, chartered merchant vessels from neutral and belligerent countries, obtaining some of them from the United States Shipping Board. In accordance with arrangements made with the German Government, these vessels were granted safe conducts on condition that they should bear distinguishing marks indicating the fact that they were chartered by Switzerland and that their cargoes were destined for that country. The United States agreed to permit the Shipping Board's vessels to go without convoy, provided the vessels bore such marks. Under these arrangements, the Swiss flag was flown from the foremast, and the flag of the country where the vessel was registered was displayed from the mainmast. The hull of the ship bore the Swiss cross and the word Schweiz was painted in large letters on the free-board. Flying two flags in this manner, it might be said, that one flag testified to the national character of the vessel and the other to the character of the cargo. Changing political frontiers and the persistent progress of engineering science may terminate at any time the isolation of an inland state by affording access to a navigable waterway communicating with the open sea. In consequence, the principle is perennial in its potentiality, for the boundaries of states are never immutable nor are the limits of navigation on inland waters ordinarily permanent. Since this survey seeks especially to describe the evolution of the principle, systematic examination of the physical and political conditions warranting universal navigation on inland waters and consideration of the ancillary uses which appertain to the riparian states, exclusively, is reserved for discussion in the subsequent treatise concerning International Rights on Inland Navigable Waterways. However, conventional arrangements and laws regulating the enjoyment of the ancillary uses, notably participation in the fluvial and lacustrine fisheries and the diversion of waters for power, irrigation, and the maintenance of canals, together with the agreements governing navigation, are listed alphabetically and chronologically under the diverse continental divisions in the Reference-Manual. In acknowledgment of the assistance received during the pursuit of this investigation, I tender thanks gratefully to Doctor Ellery Stowell whose stimulating enthusiasm and generous assistance in securing desired information created a source of inspiration throughout the period of inception. Likewise, I am under obligation to the Consular Officers of the United States of America, stationed in Europe, Asia, Africa, and South America, who cheerfully responded to difficult requests for information not readily procurable otherwise. Recognition would be incomplete without commending the exceptionally efficient services rendered by the officers and assistants at the Columbia University Library, the Library of Congress, and the New York Public Library. Virtually all of the sources cited will be found available for reference in at least one of these bountiful libraries. 3 Any expression of gratitude and enduring indebtedness must be inadequate in appreciation of the invigorating and salutary criticism and the encouragement of the constant, kindly counsel and guidance so liberally given by Professor John Bassett Moore. PAUL MORGAN OGILVIE. WASHINGTON, November tenth, 1919. |