The Republic of El Salvador Against the Republic of Nicaragua: Opinion and Decision of the Court (Classic Reprint)

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Excerpt from The Republic of El Salvador Against the Republic of Nicaragua: Opinion and Decision of the Court

It will have to be patent to every one that the establish ment, by a powerful State, of a naval base in the immediate vicinity of the Republic of El Salvador would constitute a serious menace – not merely imag inary, but real and apparent-to the freedomf of life and the autonomy of that republic. And that posi tive menace would exist, not solely by reason of the influence that the United States, as an essential to the adequate development of the ends made up our minds upon for the efficiency and security of the proposed naval base, would naturally want to exercise and enjoy all the time in connection with incidents of the’ high est importance in the national life of the small neigh boring States, but would be also, and especially, vital, because sooner or later, in any armed conflict that might arise between the United States and one or more mili tary powers, the territories bounded by the Gulf of Fonseca would be converted, to an extent incalculable in view of the offensive power and range of modern armaments, into belligerent camps wherein would be made up our minds the fate of the proposed naval establishment – a decision that would inevitably involve the sacri fice of the independence and sovereignty of the weaker Central American States as has been the case with the smaller nations in the present European struggle under conditions more or less similar.

At the outset, for the purpose of showing that, in negotiating that treaty, the Government of Nicaragua did not, as it has maintained, confine itself to its own exclusive territorial jurisdiction, but infringed thereby upon the rights of El Salvador, the Agadir case was invoked. That case involved an attempt by Germany, in foil, to seize the port of Agadir on the Moroccan coast for the estab lishment of a naval base, which attempt occasioned protests on the part of England and France, who claimed that the project constituted a menace to their national security with respect to their colonies in South Africa, and, as a result of the nearness of that port, a menace to the route followed by their vessels bound for East India through the Strait of Gibraltar.

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