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
It cannot be denied that the constant agitation, since the middle of the
eighteenth century, in favour of the abolition of the rule that private
enemy vessels and goods may be captured on the High Seas, might, during
the second half of the nineteenth century, have met with success but for
the decided opposition of Great Britain. Public opinion in Great Britain
was not, and is not, prepared to consent to the abolition of this rule.
And there is no doubt that the abolition of the rule would involve a
certain amount of danger to a country like Great Britain whose position
and power depend chiefly upon her navy. The possibility of annihilating
an enemy's commerce by annihilating his merchant fleet is a powerful
weapon in the hands of a great naval Power. Moreover, if enemy
merchantmen are not captured, they can be fitted out as cruisers, or at
least be made use of for the transport of troops, munitions, and
provisions. Have not several maritime States made arrangements with
their steamship companies to secure the building of their Transatlantic
liners according to plans which make these merchantmen easily
convertible into men-of-war?
The argument that it is unjust that private enemy citizens should suffer
through having their property seized has no weight in face of the
probability that fear of the annihilation of its merchant fleet in case
of war may well deter a State intending to go to war from doing so. It
is a matter for politicians, not for jurists, to decide whether Great
Britain must in the interest of self-preservation oppose the abolition
of the rule that sea-borne private enemy property may be confiscated.
However this may be, since the end of the nineteenth century it has not
been the attitude of Great Britain alone which stands in the way of the
abolition of the rule. Since the growth of navies among continental
Powers, these Powers have learnt to appreciate the value of the rule in
war, and the outcry against the capture of merchantmen has become less
loud. To-day, it may perhaps be said that, even if Great Britain were to
propose the abolition of the rule, it is probable that a greater number
of the maritime States would refuse to accede. For it should be noted
that at the Second Peace Conference, France, Russia, Japan, Spain,
Portugal, Mexico, Colombia, and Panama, besides Great Britain, voted
against the abolition of the rule. And there is noticeable a slow, but
constant, increase in the number of continental publicists[354] who
oppose the abolition of the once so much objected to practice of
capturing enemy merchantmen.
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