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Can Trump "take back" the Panama Canal

Donald Trump has repeatedly said that he wants "to take back" the Panama Canal, but hasn't given specifics on how he will do it. This article explains the history of the canal and the laws that govern it. Why is the Panama Canal important?

The Panama Canal is located in the narrowest part between North and South America. It is one of most important waterways around the globe. The canal recorded 11,240 crossings in 2014, totaling over 235.5 million tonnes of cargo.

More than two thirds of the cargo that passes through the canal comes from the U.S. or is headed there.

Ships would have to travel around the southern tip South America in order to reach the Pacific Ocean if the Panama Canal was blocked.

In response to pressure from Panama and the unrest there over U.S. ownership, the U.S. signed treaties in 1977 to hand the canal over to Panama.

WHAT HAS TRUMP COMMENTED ON THE CANAL?

Trump says Panama charges excessive tolls to U.S. vessels to pass through the Canal, calling them "ridiculous", and "very unfair".

Fees are based on the type and size of vessels, plus an auction for vessels arriving without reservations. There is also a variable surcharge and water surcharge. The U.S. military ships are given priority for passage but commercial vessels do not get lower rates.

Trump also said that the U.S. must retake the canal from China, who controls it and may use the waterway for American interests.

This claim is not supported by any evidence, despite the fact that Chinese companies have invested significant amounts of money in Panama. Some U.S. legislators and maritime experts believe this could give Beijing influence over the operation of the canal.

A group supported by U.S. Investment Company BlackRock agreed to purchase a controlling interest in ports on both sides of the canal, from a Hong Kong based conglomerate. Trump hails this deal as a first step towards reclaiming canal.

Trump said to the U.S. Congress in March that "my administration will reclaim the Panama Canal and we've started doing it."

In a post on social media, Panamanian President Jose Raul Mulino stated that "the Panama Canal was not being reclaimed."

What are the laws that govern the canal?

Panama Canal Authority is an autonomous agency under the supervision of the Panamanian Government that owns and operates the Panama Canal.

Panama has pledged that it will charge all nations "just, reasonable, and equitable" transit charges under the Treaty Concerning the Neutrality of the Panama Canal. The three-page treaty does not provide any further explanation of these terms or a mechanism for enforcement.

Although the U.S. judiciary has a ambiguous authority to interpret treaties, it is not standardized.

Both nations could take their disputes to the United Nations International Court of Justice. However, that court does not have any way of enforcing it's decisions.

Trump is unlikely to ask for UN assistance, after repeatedly criticizing it as ineffective, weak and unfair to the U.S.

What if a country tries to take the canal by force?

A foreign power that attempted to forcefully take over the canal would be in violation of international law.

Both the U.S.A. and Panama have signed treaties requiring them to defend their canals against any threats to neutrality. They are allowed to act unilaterally to achieve this.

A treaty amendment clarifies the U.S.'s inability to interfere with Panama's internal affairs, or to undermine its territorial integrity or political independence.

To prepare for possible attacks against the canal, the U.S. Southern Command conducts regular military exercises in conjunction with Panama and other regional countries.

The exercises don't include scenarios in which the U.S. invades Panama. (Reporting from Jack Queen in New York; additional reporting by Sarah Morland, Marianna Pararaga and Nick Zieminski. Editing by Noelee Walder and Nick Zieminski.

(source: Reuters)