The Declaration of London,[1] drawn up in 1909, was an attempt to
restate and secure general acceptance of these principles, with
notable modifications. Lists were drawn up of _absolute_ contraband
(munitions, etc., adapted obviously if not exclusively for use in
war), _conditional_ contraband (including foodstuffs, clothing,
rolling stock, etc., susceptible of use in war but having non-warlike
uses as well), and free goods (including raw cotton and wool, hides,
and ores). The most significant provision of the Declaration was that
the doctrine of _continuous voyage_ should apply only to absolute
contraband. This doctrine, established by Great Britain in the
French wars and expanded by the United States in the American Civil
War, holds that the ultimate enemy destination of a cargo determines
its character, regardless of transshipment in a neutral port and
subsequent carriage by sea or land. The Declaration of London was
never ratified by Great Britain, and was observed for only a brief
period in the first months of the war. Had it been ratified and
observed, Germany would have been free to import all necessary
supplies, other than munitions, through neutral states on her frontiers.
[Footnote 1: Printed in full in INTERNATIONAL LAW TOPICS of the
U. S. Naval War College, 1910, p. 169 ff.]
_The Blockade of Germany_
Unable to establish a close blockade, and not venturing at once to
advance the idea of a "long range" blockade, England was nevertheless
able to impose severe restrictions upon Germany by extending the
lists of contraband, applying the doctrine of continuous voyage
to both absolute and conditional contraband, and throwing upon the
owners of cargoes the burden of proof as to destination. Cotton
still for a time entered Germany, and some exports were permitted.
But on March 1, 1915, in retaliation for Germany's declaration
of a "war area" around the British Isles, Great Britain asserted
her purpose to establish what amounted to a complete embargo on
German trade, holding herself free, in the words of Premier Asquith,
"to detain and take into port ships carrying goods of presumed
enemy destination, ownership, or origin." In a note of protest on
March 30, the United States virtually recognized the legitimacy of a
long-range blockade--an innovation of seemingly wide possibilities--and
confined its objections to British interference with lawful trade
between neutrals, amounting in effect to a blockade of neutral
ports.
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