International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 84. A case which happened in 1870, soon after the outbreak of the
Franco-German war, gave occasion for the question whether converted
merchantmen could be considered a part of the armed naval forces of a
belligerent. As the North-German Confederation owned only a few
men-of-war, the creation of a volunteer fleet was intended. The King of
Prussia, as President of the Confederation, invited the owners of
private German vessels to make them a part of the German navy under the
following conditions: Every ship should be assessed as to her value, and
10 per cent. of such value should at once be paid in cash to the owner
as a price for the charter of the ship. The owner should engage the crew
himself, but the latter should become for the time of the war members of
the German navy, wear the German naval uniform, and the ship should sail
under the German war flag and be armed and adapted for her purpose by
the German naval authorities. Should the ship be captured or destroyed
by the enemy, the assessed value should be paid to her owners in full;
but should it be restored after the war undamaged, the owner should
retain the 10 per cent. received as charter price. All such vessels
should only try to capture or destroy French men-of-war, and if
successful the owner should receive a sum between £1500 and £7500 as
premium. The French Government considered this scheme a disguised
evasion of the Declaration of Paris which abolished privateering, and
requested the intervention of Great Britain. The British Government
brought the case before the Law Officers of the Crown, who declared the
German scheme to be substantially different from the revival of
privateering, and consequently the British Government refused to object
to it. The scheme, however, was never put into practice.[129]
[Footnote 129: See Perels, § 34; Hall, § 182; Boeck, No. 211; Dupuis,
Nos. 81-84.]
Now, in spite of the opinion of the British Law Officers, writers on
International Law differ as to the legality of the above scheme; but, on
the other hand, they are unanimous that not every scheme for a voluntary
fleet is to be rejected. Russia,[130] in fact, since 1877, has possessed
a voluntary fleet. France[131] has made arrangements with certain
steamship companies according to which their mail-boats have to be
constructed on plans approved by the Government, have to be commanded by
officers of the French navy, and have to be incorporated in the French
navy at the outbreak of war. Great Britain from 1887 onwards has entered
into agreements with several powerful British steamship companies for
the purpose of securing their vessels at the outbreak of hostilities;
and the United States of America in 1892 made similar arrangements with
the American Line.[132]
[Footnote 130: See Dupuis, No. 85.]
[Footnote 131: See Dupuis, No. 86.]
[Footnote 132: See Lawrence, § 201, and Dupuis, Nos. 87-88. On the whole
question see Pradier-Fodéré, VIII. Nos. 3102-3103.]
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