Great Britain's Sea Policy: A Reply to an American Critic, reprinted from 'The Atlantic Monthly' — John Shaqi
Great Britain's Sea Policy: A Reply to an American Critic, reprinted from 'The Atlantic Monthly'Murray, Gilbert
History
Great Britain's Sea Policy: A Reply to an American Critic, reprinted from 'The Atlantic Monthly'
Murray, Gilbert
Bullard, Arthur, 1879-1925. Our relations with Great Britain; World War, 1914-1918 -- Blockades
(3) The Declaration is specially recommended by its authors as being a
compromise. The claims and customs of different nations conflict; each
one yields here and is recompensed there. The best statement perhaps of
the work of the Conference is contained in the General Report of its
Drafting Committee.
"The solutions have been extracted from the various views or practices
which prevail, and represent what may be called the _media sententia_.
They are not always in absolute agreement with the views peculiar to
each country, but they shock the essential ideas of none. They must not
be examined separately but as a whole, otherwise there is a risk of the
most serious misunderstandings. In fact, if one or more isolated rules
are examined, either from the belligerent or the neutral point of view,
the reader may find that the interests with which he is especially
concerned are jeopardized by the adoption of these rules. But they have
another side. The work is one of compromise and mutual concessions. Is
it as a whole a good one?"
Thus the Declaration is not a mere declaration of the existing law of
nations. It is a compromise in which different parties make concessions,
in response to other concessions which are made to them. And Mr. Bullard
expects Great Britain, when suddenly involved in war with the most
terrible enemy known to history, to make gratuitously all the
concessions contained in the proposed compromise, and leave it to
chance, or to the mercy of the Germans, whether she should get any of
the compensations! And concessions, too, which her Parliament had
considered excessive in peace time, even with the compensations
guaranteed!
IV.
What then is left if the Declaration of London is not accepted? Is there
to be no law of the sea at all? What is left is exactly all that there
was before the sittings of that Conference, plus a certain extra
lucidity in places due to its reports. The British courts simply
continue to administer international law on the basis of precedent
adapted to new conditions, exactly as all powers in the world have done.
This offends Mr. Bullard, but I find it difficult to make out what other
course he would recommend.
Public-domain text, read in full here on John Shaqi.
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