Ted Cruz Gives Legal Argument For Why U.S. Should Retake Panama Canal

Senator Ted Cruz has articulated a legal rationale for the United States to reclaim control of the Panama Canal, asserting that Panama has breached the 1977 Panama Canal Treaty. This treaty mandated that Panama maintain the canal’s neutrality and refrain from allowing foreign powers to exert control over it.

Alleged Treaty Violations:

1. Foreign Influence: Cruz contends that Panama has permitted significant Chinese involvement in canal operations. Chinese companies manage substantial ports at both the Atlantic and Pacific entrances of the canal, granting them the capability to monitor and potentially disrupt canal traffic. Additionally, a Chinese firm is constructing a bridge over the canal, a project progressing over a decade, which could further enhance China’s strategic position in the region.
2. Fee Structures: The treaty obligates Panama to impose fair and equitable transit fees. However, Cruz argues that the current fee system disproportionately impacts American vessels, which constitute approximately 75% of canal transits. These fees generate nearly $3 billion annually for Panama, a significant portion of which is derived from U.S. commercial and military ships.

Legal Implications:

Cruz suggests that these actions constitute violations of the treaty’s terms, potentially justifying the U.S. in reclaiming control over the canal. He emphasizes that Panama’s reliance on canal revenues, coupled with alleged treaty breaches, strengthens the argument for U.S. intervention.

Strategic Concerns:

The senator highlights the strategic risks associated with China’s growing influence over the canal, noting that such control could pose significant threats to U.S. national security and economic interests. He advocates for serious consideration of treaty enforcement mechanisms to address these concerns.

This perspective aligns with broader apprehensions about China’s expanding presence in critical global infrastructure and its potential implications for international trade and security.