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
§ 217. Several writers[432] speak of non-hostile relations between
belligerents created by licences to trade granted by a belligerent to
enemy subjects either within certain limits or generally. It has been
explained above, in § 101, that it is for Municipal Law to determine
whether or not through the outbreak of war all trade and the like is
prohibited between the subjects of belligerents. If the Municipal Law of
one or both belligerents does contain such a prohibition, it is of
course within the discretion of one or both of them to grant exceptional
licences to trade to their own or the other belligerent's subjects, and
such licences naturally include certain privileges. Thus, for instance,
if a belligerent allows enemy subjects to trade with his own subjects,
enemy merchantmen engaged in such trade are exempt from capture and
appropriation by the grantor. Yet it is not International Law which
creates this exemption, but the very licence to trade granted by the
belligerent and revocable at any moment; and no non-hostile
international relations between the belligerents themselves originate
from such licences. The matter would be different if, either in time of
peace for the time of war, or, during war, the belligerents agreed to
allow certain trade between their subjects; but non-hostile relations
originating from such an agreement would not be relations arising from a
licence to trade, but from a cartel.[433]
[Footnote 432: See, for instance, Hall, § 196; Halleck, II. pp. 343-363;
Lawrence, § 214; Manning, p. 168; Taylor, § 512; Wheaton, §§ 409-410;
Fiore, III. No. 1500; Pradier-Fodéré, VII. No. 2938.]
[Footnote 433: See below, § 224.]
II
PASSPORTS, SAFE-CONDUCTS, SAFEGUARDS
Grotius, III. c. 21, §§ 14-22--Vattel, III. §§ 265-277--Hall, §§
191 and 195--Lawrence, § 213--Phillimore, III. §§ 98-102--Halleck,
II. pp. 323-328--Taylor, § 511--Wheaton, § 408--Moore, VII. §§
1158-1159--Bluntschli, §§ 675-678--Heffter, § 142--Lueder in
Holtzendorff, IV. pp. 525-527--Ullmann, § 185--Bonfils, Nos.
1246-1247--Despagnet, Nos. 558-561--Pradier-Fodéré, VII. Nos.
2884, 2932-2938--Nys, III. pp. 504-505--Calvo, IV. §§
2413-2418--Fiore, III. No. 1499, and Code, Nos.
1742-1749--Longuet, §§ 142-143--Mérignhac, pp. 239-240--Pillet,
pp. 359-360--_Kriegsbrauch_, p. 41--Holland, _War_, No. 101--_Land
Warfare_, §§ 326-337.
[Sidenote: Passports and Safe-conducts.]
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