By Joseph A. Obieta S. J. S. J. D. (auth.)
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Extra resources for The International Status of the Suez Canal
L. 50 (1956) 338-357). See also Decleva, Gli Accardi Taciti Internazionali, pp. 44-52. 3 Jimenez de Arechaga, op. , p. 353. 1 2 INTERNATIONAL CANALS 33 inite doctrine from the Court's decision on the Free Zones case. 1 Internationallaw, however, has long recognized some cases in which rights seem to be given to third states without their prior acceptance. These include the so-called International Settlements and Custom. "· The essential characteristic of an international settlement is that the newly-created regime or status acquires an objective existence of its own in international law, which transcends the range of the signatories, and imposes itself to the international community as such, though some at least of its members have never consented to it.
In the case of the Free Zones of Upper Savoy and the District of Gex the Court said3 that "it cannot be lightly presumed that stipulations favourable to a third State have been adopted with the object of creating an actual right in its favour. There is, however, Parl. 5623. Heffler, Le droit international public de l' Europe, para. , v. II, p. , paras. , v. I, para. 522. , Ser. A/B, No. 46 (1932), p. 147. " It follows from this statement, first, that stipulations in favour of third parties may validly be adopted in a treaty between two contracting States; and secondly, that the fact of their having or not having actually been adopted depends entirely on the will of the contracting parties.
De Droit international public, v. 1, p. 147. I Biscottini, Contributo alta Teoria deglia Atti Unilaterali nel Diritto Internazionale, ch. 4. INTERNATIONAL CANALS 29 declaration to the establishment of an international regime in canals, or, what amounts to the same thing, to the building of an international canal, it is easy to see that the declaration itself would be in the nature of a promise to allow freedom of navigation through the canal to all nations, a promise which would necessarily imply a partial renunciation of sovereignty over the canal, in so far as it would not be open to the sovereign any more to restrict navigation through the canal.