Kiel Canal Suit

Judgment was delivered on the Kiel Canal suit (TIME, June 25, July 16, July 23).

Nine judges agreed that Germany had no right to refuse passage through the Kiel Canal to the British steamship Wimbledon, which was carrying munitions of war to Poland. The German Government was declared to be under obligation to pay damages estimated at 140,749 French francs to the French Government, which had chartered the boat. The remaining four judges, including Professor Schucking, the German judge, dissented from this decision.

The S. S. Wimbledon was refused permission to enter the Kiel Canal because the German Government considered that such action would violate her neutrality in the Russo-Polish war.

The Court held that under Article 380 of the Treaty of Versailles Germany was required to keep the Canal open to all countries not at war with her. Germany is not at war with any country, and in any case at the time of holding up the Wimbledon a preliminary treaty of peace had been signed and ratified by both Poland and Russia, and a final peace treaty had been signed but not ratified.

Germany said that such an interpretation of provision relating to the Kiel Canal would injure German sovereignty. The Court held that the canal had been dedicated permanently to the use of the world and that Germany, having accepted the said Kiel Canal provisions of the Versailles Treaty in the exercise of her sovereign rights, could not now say that such provisions were incompatible with her sovereignty.

This marks the end of the first case to be contested before the Court. The actions of the U. S. Government during the War in relation to the Panama Canal were cited as analogous cases.