International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
The matter of enemy character is, however, to a great extent in an
unsettled condition, since on many points connected with it there are no
universally recognised rules of International Law in existence. British
and American Courts have worked out a body of precise and clear rules on
the subject, but the practice of other countries, and especially of
France, follows different lines. The Second Peace Conference of 1907
produced three articles on the matter--16, 17, and 18--in Convention V.,
accepted by all the signatory Powers, except Great Britain which, upon
signing the Convention, entered a reservation against these three
articles, and although these articles are only of minor importance, they
have to be taken into consideration. On the other hand, the as yet
unratified Declaration of London comprises a number of rules which,
apart from two points, offer a common basis for the practice of all
maritime States. At the first glance it would seem that only the four
articles--57 to 60--of Chapter VI. headed "Enemy Character," treat of
the subject under survey, but a closer examination shows that article
46, dealing with a certain kind of unneutral service, articles 55 and
56, dealing with transfer to a neutral flag, and, lastly, article 63,
dealing with forcible resistance to the right of visitation, are also
concerned with enemy character. In spite of these stipulations, which
are accepted by all the Powers concerned, there remain two important
points unsettled, since neither the Second Hague Peace Conference of
1907 nor the Naval Conference of London of 1908-9 succeeded in agreeing
upon a compromise concerning the old controversy as to whether
nationality exclusively, or domicile also, should determine the neutral
or enemy character of individuals and their goods, and further, whether
or not neutral vessels acquire enemy character by embarking in time of
war, with permission of the enemy, upon such trade with the latter as
was closed to them in time of peace (Rule of 1756). According to article
7 of Convention XII. of the Second Hague Peace Conference, concerning
the establishment of an International Prize Court, likewise not yet
ratified, this Court would in time have to evolve a uniform practice of
all the maritime States on these two points.
For the consideration of enemy character in detail, it is convenient to
distinguish between individuals, vessels, goods, the transfer of enemy
vessels, and the transfer of enemy goods on enemy vessels.
[Sidenote: Enemy Character of Individuals.]
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