The Pan-American Highway: Part 2, Laying the Foundation for New US Markets and the Darién Gap

Heritage & Conservation, Inter-ethnic relations, Law and society,, Political geography, Regional History

Before there was talk in the United States about a highway to span the full length of the American hemispheres, there was talk (as far back as the 1880s and even earlier) of a Pan-American railroad to make a direct connexion with its continental neighbours. This ultimately came to nothing but the idea of a Pan-American highway caught on in the 1920s. With the US pushing the proposal, the 6th International Conference of American States gave its approval in 1928.

ą۷ıʑą (ɧơɬơ: ɛҳɛɬ ۷ąɠąơŋɖ) 

Once work got started in the mid-Thirties on the first section of the highway—3,400 miles, connecting México to Panama1⃞—progress was slow due to multiple factors – disruption of war, the availability of money (the project increasingly depended on the injection of American funding), diplomatic issues, the problem of getting governments to cooperate. While México built and financed its own part of the section (opened 1950), the smaller Central American states required US aid to complete their’s (opened 1963)…and even then the Chepo to Yaviza (the Panama terminus point) stretch, a distance of 139 miles, took 20 years to build [Miller, Shawn W. “Minding the Gap: Pan-Americanism’s Highway, American Environmentalism, and Remembering the Failure to Close the Darién Gap.” Environmental History 19, no. 2 (2014): 189–216. http://www.jstor.org/stable/24690556.].

Road trippers on the PAH who make it as far as Yaviza find that the highway comes abruptly to an end where it meets to the Darién Gap, 66-mile strip of largely impenetrable jungle, rainforest, swamp and marsh land. If motorists want to continue on the PAH they must ship their vehicle by cargo ferry to Turbo (in northern Columbia) where the Highway resumes.

Natural barriers of the Gap
American road builders faced a Herculean task in attempting to construct a road across the Gap. Geography and climate were a constant impediment…swamps and jungles and incessant seasonal rain produced unstable soils, making highway construction in Darién virtually an engineering “mission impossible”. Compounding the extreme topographical landform were the inherent dangers from jaguars, snakes and other poisonous creatures. Topping it off, Darién Gap’s “no man’s land” status, outside of any controlling authority, made it a haven for dangerous anti-government groups (Columbian drug cartels, leftist (FARC) guerrillas, right-wing paramilitaries).

Environmental focus
Later problems upped the degree of difficulty for the road builders. From the early Seventies they started to get a lot of heat from environmental groups. The California-based Sierra Club waged a successful campaign against the highway, raising environmental and health issues. Opponents of the road argued that it would cause irreparable harm to a sensitive area, eco-system damage, deforestation, pose biological threats and spread tropical diseases, and they were aided by the recent passage of US environmental impact laws.

Further thwarting the road builders’ plans was the realisation that the deeper threat of adverse change was not the building of a road through the Darién Gap per se. Establishing road infrastructure in the Gap would bring a raft of unwelcome by-products. Transportation access would facilitate the incursion of loggers, ranchers, farmers, cattle grazers, poachers of wild animals. Moreover, the highway would spawn the construction of many secondary roads throughout the Gap. The Sierra Club also voiced concerns for the culture of the area’s indigenous native communities—the Kuna, Emberá and Wounaan tribes—to safeguard their right to protection of their homeland (Miller).

Once the construction work on the Darién Gap actually commenced, the Atrato River Basin with its swampy wetlands proved a monumental stumbling block, the idea to build a very long bridge over it was eventually jettisoned after the failure to locate a solid earth foundation.

While the nature of the environment and taking into account the effect on local indigenous cultures were impediments to the Darién construction project’s progress, the crucial factor in the anti-highway legal case was the threat of foot-and-mouth disease being transmitted north from South America, sufficient for US federal judges to shut down highway construction for nearly two decades. The Sierra Club’s key argument was that “the Gap served as an essential prophylactic against dangerous microbes” (Miller).

Dariénistas
The absence of a road across the Darién Gap has never stopped adventurers (labelled Dariénistas) from trying to navigate vehicles over its forbidding terrain. A host of adventure junkies have attempted it with only a small number succeeding. The first automobile expedition to make it entirely overland used specialised vehicles and relied on winches, levers and help from indigenous peoples, a journey taking over two years to travel just 125 mi (Miller).

America’s greatest foreign development project”
Today, the PAH is somewhat of a sleeper among American history topics (with a negligible output of books on the subject cf. prolific number of narratives on that other great American enterprise overseas, the Panama Canal). A few historians recently have drawn attention to its largely-overlooked importance – at a time when America was still engaged in its official isolationist stance in foreign affairs, the PAH during the interwar period was the US’s largest global development project…more remarkedly FD Roosevelt allocated the money to kickstart the Central American highway project from New Deal funds during the Great Depression![Maureen Harmon, ‘The Story of the Pan-American Highway’, Pegasus, Summer 2019, www.ucf.edu]. US motives were mixed, PAH (together with the earlier Panama Canal project) is where “the ideals of Pan-Americanism intersected with an expansionist compulsion (by America) to reach new, foreign markets” Eric Rutkov, The Longest Line on the Map: The United States, the Pan-American Highway, and the Quest to Link the Americas, (2019)]. This duality runs through the history of the Highway…promoted as an example of good neighbourly cooperation and mutual advantage by successive American presidents, the blatant self-interest of the US was transparent. Making such a supra-state highway a reality was necessary to expand the lucrative market for American automobiles. The proposal by Washington to build the PAH came at a time (1920s) when the US was the dominant global force in motor vehicle production. The PAH from the American perspective was primarily about the selling of the country’s automobiles…and having the road infrastructure in place was the precondition for US automakers to reap the sales bonanza to come2⃞(Miller).

ɧơɬơ: ۷ıʂıɬƈɛŋɬơáɱɛıƈą.ƈơɱ 

Endnote: “Tricky Dicky” Nixon, fan of the Pan-American Highway
Richard Nixon made the PAH something of a personal project, first as vice-president he talked Eisenhower into boosting American funding for the project. “Cold warrior” Nixon saw its construction as good for regional stability and a way of guarding against the spread of communism in the Americas. As president Nixon got behind efforts to bridge the Darién Gap, even (unrealistically) calling for its completion by 1976.

____________________
1⃞ known locally as the Inter-American Highway
2⃞ in the Seventies the US government cloaked its over-the-top endorsements of the PAH project in the guise of highway safety education programs

The Corfu Channel Incident: International Law Delayed and a Nazi Loot of Monetary Gold

International Relations, Law and society,, Regional History

Albania emerged from the Second World War with a communist government led by Enver Hoxha striving to free itself from the clutches of Yugoslavia whose leader Tito was intent on making its smaller neighbour part of the Yugoslav federation, a particularly tricky scenario as Albania, economically stricken after the war, was dependant on Yugoslav for urgently needed aid.

𝒮𝓉𝓇𝒶𝒾𝓉𝓈 𝑜𝒻 𝒞𝑜𝓇𝒻𝓊

Into this already tense situation in the first half of 1946, a rift developed in UK/Albanian relations. First, in March-April London refused to exchange diplomats with Tirana, citing the latter’s unfriendly and “uncooperative attitude” towards British personnel🅰. In May two Royal Navy cruisers Orion and Superb were navigating through the Corfu Straits (a narrow passageway separating that Greek island from Albania) when fired at by an Albanian land gunnery. The British warships sustained no damage but matters escalating from there…two British destroyers entered the straits in October and hit hitherto undetected land mines, HMS Saumarez in particular was badly damaged and later written off. More importantly there were British crew casualties (44 dead and a similar number injured). The following month the Royal Navy undertook a sweeping operation of the straits and found 22 mines {’Albanian-American Relations in the Fall of 1946: A Stormy End’, (Edward J. Sheehy), Tirana Observatory, 9-Apr-2009, www.tiranaobservatory.com}.

𝐻𝑀𝒮 𝒮𝒶𝓊𝓂𝒶𝓇𝑒𝓏
𝐼𝒞𝒥 𝑒𝓂𝒷𝓁𝑒𝓂

The United Kingdom of Great Britain and Northern Ireland v. the People’s Republic of Albania
The UK’s response to the incident was to take Albania to the International Court of Justice in The Hague (the inaugural case brought before the new Court). The protracted case, not concluded until 1949, was a landmark case for the inter-country disputation, helping to lay the foundations for the development of what would eventually become the UN International Law of the Sea (ratified in 1982) {‘Summary of Relevant Aspects of the Corfu Channel Case (Merits)’, www.iilj.org}. The eventual judgements handed down were mixed, the Court found that Great Britain (GB) in entering Albania’s territorial waters did not violate its sovereignty (having a right of “innocent passage”), however it adjudged that GB’s mine-sweeping operation (codenamed “Operation Retail”) was a sovereign violation of Albanian waters, nor did it have permission from the international mining clearance organisations to conduct the operation. Lawyers for the British had argued that it took the action to secure evidence of the minefield’s existence, but the Court threw out GB’s argument of acting in self-protection or self-help {‘The Corfu Channel Case, The United Kingdom of Great Britain and Northern Ireland v. the People’s Republic of Albania‘, UN Environment Program, www.leap.unep.org}.

𝐿𝑒𝑔𝒶𝓁 𝒯𝑒𝒶𝓂 𝒢𝐵 𝒶𝓉 𝒯𝒽𝑒 𝐻𝒶𝑔𝓊𝑒 𝒸𝒶𝓈𝑒

The British legal argument that the mines had been laid by Yugoslavia, acting on a request from Tirana, was denied by Hoxha’s government which blamed Greece for the mines – at the time Albania had involved itself in the civil war in Greece on the side of the Greek communists. The Court determined that collusion between Albania and Yugoslavia in mining the straits could not be proven (www.iilj.org). In a subsequent judgement The Hague ruled that Albania had failed in its responsibility to warn GB of the minefield danger, consequently Albania was ordered to pay GB damages of £843,947 for the material loses of the warships (equivalent to £24.4 million in 2019){‘Corfu Channel Case’, Wikipedia, http://en.m.wikipedia.org}. Hoxha rejected the verdict—though in 1950 the regime offered GB a token amount of £40,000 as payment for compensation—making no serious effort to meet its liability.

𝒫𝓊𝓇𝓁𝑜𝒾𝓃𝑒𝒹 𝒩𝒶𝓏𝒾 𝑔𝑜𝓁𝒹 𝒾𝓃 𝑀𝑒𝓇𝓀𝑒𝓇𝓈 𝓈𝒶𝓁𝓉 𝓂𝒾𝓃𝑒 (𝒮𝑜𝓊𝓇𝒸𝑒: 𝓌𝒾𝒹𝒹𝑒𝓇𝓈𝒽𝒶𝓊𝓈𝑒𝓃.𝒹𝑒)

Monetary gold stolen from Rome
In 1946 the victorious allies (GB, US and France) established the “Tripartite Commission for the Restitution of Monetary Gold” to recover gold stolen by Nazi Germany and return it to the rightful owners. Included in the Nazi loot was 2,338 kg of gold seized in 1943 from the Bank of Rome by the Nazis, a treasure claimed by both Italy and Albania (and indirectly and partly by GB who identified in this a remedy for its still outstanding damages verdict). The Commission was unable to resolve the monetary gold issue so an independent arbiter appointed by The Hague determined that the gold belonged to Albania. Italy contested the matter—it’s claim resting largely on Italians having been the majority shareholders in the National Bank of Albania (which had been seized by fascist Italy)—taking the dispute to the ICJ, Italy v France, United Kingdom and Northern Ireland and United States of America (1954). The ICJ however held that it had no jurisdiction to adjudicate the case.

𝒩𝒶𝓉𝒾𝑜𝓃𝒶𝓁 𝐵𝒶𝓃𝓀 𝑜𝒻 𝒜𝓁𝒷𝒶𝓃𝒾𝒶 𝐻𝒬

A post-Hoxha resolution
Albania refusal to accept the compensation judgement against it and GB’s blocking the transfer of the gold to Albania occurred as Albania entered a long phase of self-isolation🅱. The recovered Nazi gold sat in the vaults of the Bank of England for over four decades and the diplomatic impasse between London and Tirana was not broken until the eclipse of the communism in Albania. When democracy was established in 1991, diplomatic negotiations began and a deal was done, the new government in Albania agreed to pay GB’s compensation bill from the Corfu episode and in return the British agreed to release 1674 kg, providing the funds that economically weak post-communist Albania needed before it could pay GB the amount owing.

𝑀𝒶𝑜 𝒶𝓃𝒹 𝐻𝑜𝓍𝒽𝒶

.

Footnote: The Tripartite Gold Commission did not deliver the gold to Albania until 1996 (the lengthy process required the cooperation of the GB, US and French governments) and the amount ultimately paid by the Albanian government to GB in “full and final settlement” was US$2,000,000.

█ █

🅰 in relation to war graves identification and limitations on movement with the country, a charge denied by Tirana

🅱 Albania severed its relationships not just with the UK and US (Sheehy), but even within the socialist Second World. Stalinist ideologue Hoxha broke off ties with both USSR (1961) and China (1978) for being too ‘revisionist’

[S̲̅][h̲̅][q̲̅][i̲̅][p̲̅][ë̲̅][r̲̅][i̲̅][s̲̅][ë̲̅]

Sherlock Holmes’ Posthumous Copyright Case

Cinema, Creative Writing, Law and society,, Literary & Linguistics, Performing arts, Popular Culture

The image stereotype of the Sherlock Holmes character (Source: Culture Livresque)

Few characters from modern literature pop up on cinema screens and TV sets as frequently as Sherlock Holmes does. Some observers have stated it more firmly. Christopher Redmond estimates that Sherlock Holmes is the most prolific screen character in the history of cinema (A Sherlock Holmes Handbook (1994)). Just how many different Sherlock Holmes screen adaptions have been made is too large and elusive a number to pin down accurately, but screen vehicles of Arthur Conan Doyle’s famous super-sleuth and Mensa-alumni certainly number in the hundreds.

(Photo: CrimeReads)

A publishing can of worms
When Arthur Conan Doyle (ACD) died in 1930 the author left his literary works in Trust to his widow (Jean Conan Doyle) and immediate family. But in excluding his daughter Mary from his first marriage, ACD opened the door to an ongoing family rift, decades of squabbles, strife and litigation by his heirs, descendants and their spouses.

As the intra-family ‘Barney’ over who controls the copyright to the Sherlock Holmes works deepened, the imbroglio entangled an investment company specifically set up to manage the windfall (aptly named “Baskervilles Investments”) and even the Royal Bank of Scotland (‘History of the Sir Arthur Conan Doyle Copyrights’, (2015), www.arthurconandoyle.com).

1954 Holmes TV series with Ronald Howard (Photo: dvdfr.com)

The upshot of the kerfuffle was that each of the competing parties claimed to be the rightful holder of the rights to ACD’s literary estate, and then attempted to sell it notwithstanding the prevailing uncertainty over ownership. American TV producer-director Sheldon Reynolds acquired a licence from two of Arthur’s sons to make a Sherlock Holmes series in the 1950s. When, 20 years later, Reynolds tried to get a licence for a follow-up series on TV, he found that the legal landscape had changed. The rights were now held by the Royal Bank of Scotland who had acquired them after the previous owner defaulted on a loan. Eventually, with funds provided by his Pfizer heiress mother-in-law, Reynolds secured the rights to the Holmes stories.

Andréa Plunket (Source: goodreads.com)

Culture of litigation
Since 1990 the main battle for control of the copyrights has pitted Reynolds’s ex-wife, Hungarian-born heiress Andréa Milos (née Reynolds, née Plunket) versus the Conan Doyle Estate and others. Plunket has doggedly claimed to hold the rights to the name “Sherlock Holmes” and the stories, despite a lack of legal support for the claims. Lawsuits were exchanged between her and the Estate. Plunket also threatened to sue the BBC over its Sherlock television series for allegedly infringing ‘her’ trademarks (‘The Scandalous Sherlock Holmes Copyright Issue’, Mattias Boström, I Hear of Sherlock Everywhere, 30-Jul-2015, www.ihearofsherlock.com).

The Sir Arthur Conan Doyle Estate for its part has been particularly litigious in defence of its literary legacy. The Estate has consistently striven to maintain water-tight control over both the Sherlock Holmes stories and the characters. In 2013 it demanded author Leslie S Klinger pay a fee to license the Sherlock character for an anthology he was planning to do. Klinger’s response was to sue the Estate on the basis that most of the Sherlock material was in the public domain. In court the judge upheld Klinger’s position, while reaffirming that some late works were still covered under copyright (‘Sherlock Holmes Copyright: An overview’, Brogan Woodburn, www.redpoints.com). In 2020 it sued Netflix over its upcoming film Enola Holmes. The grounds? The film apparently depicts Holmes as having emotions and respecting women. This, the Estate contends, breaches Conan Doyle’s copyright (‘Lawsuit over ‘warmer’ Sherlock depicted in Enola Holmes dismissed’, Alison Flood, The Guardian, 22-Dec-2020, www.theguardian.com).

‘The Red-Headed League’ story (Golden Press edition, 1963)

End-note: An additional complication over the Holmes copyright issue is a demarcation between the UK and US laws. In the UK copyright lasts for 70 years after an author’s death (in Conan Doyle’s case, the copyright expired in 2000). Conversely in the USA some copyrights extend for 95 years from the date of the work’s first publication. This has proved a stumbling block for TV series and film-makers trying to adapt one of the Sherlock stories in recent years (‘Sherlock Holmes And His “Copyrighted Emotions”‘, Copyright House, 28-Sep-2020, www.copyrighthouse.org).

…………………………………………..

including works for film, music, radio, stage, video games, there are over 25,000 products that are related to the famous detective (Woodburn)

the last of ACD’s published work expires in 2023