FOREIGN RELATIONS, 19 4 2, VOLUME VI



especially designed for Pan American Airways, Inc. The building,
the construction of which has already been begun, will constitute a
first class airport in the event that it is completed, with all the
characteristics of a permanent building and not an airport of a
temporary nature as is the one which they now use.
  The initiation and continuation of the construction of the build-
ing which will be intended as an airport for Pan American Airways,
Inc., in the Canal Zone, is in open conflict with the principles which
the Republic of Panama has always maintained and continues to
maintain, that the only activities which can be carried on within the
said Zone are those expressly authorized by existing treaties and
which are directly and necessarily connected with the use, mainte-
nance, sanitation, operation, or protection of the Panama Canal; that
all other activities are prohibited; and that, with regard to them, the
exclusive right to regulate or utilize them appertains to the Republic
of Panama, which is the sovereign and which has granted the use of
the lands which constitute the Canal Zone with the above-mentioned
limitations.
  Your Excellency's Government must further take into account the
fact that, if the construction of the building to which I am referring
is not prevented the Republic of Panama will be unjustly injured, in
express violation of the terms of the General Treaty of March 2,
1936,55 which provides, in its third article, that the Republic of
Panama shall have the right to benefit by "the commercial oppor-
tunities inherent in its geographical situation." Because of such con-
ditions, it is logical and just to reach the conclusion that the con-
struction of a building of this kind cannot be viewed by the Pana-
manian Government except as tending to destroy legitimate rights
of the Government and to cause serious harm to the Republic of
Panama with regard to the future development of commercial air
traffic, which is destined to be one of the principal sources of wealth
of the Republic and to counteract the serious disadvantage which
my country has suffered for lack of sea ports in territory under its
control.
  The Government of Panama, in its sound intention of protecting the
legitimate rights of the Republic of Panama, has formulated requests
on previous occasions to Your Excellency's Government in relation
to the problems which the Canal Zone airdromes raise for my country,
which requests have been disregarded for reasons which are still
unknown. In fact, on June 3, 1941, Dr. Carlos N. Brin, who was
then Ambassador of Panama in Washington, presented a formal
protest 56 to Your Excellency, in the name of the Government of Pan-
ama, because of the use which is being made of Canal Zone airdromes
  55Department of State Treaty Series No. 945, or 53 Stat. (pt. 3) 1807.
  5 Not printed.



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