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
Thus, to give an example, Great Britain, in the case of the Sicilian
Sulphur Monopoly, performed acts of reprisal against the Two Sicilies in
1840 for a violation of a treaty. By the treaty of commerce of 1816
between the Two Sicilies and Great Britain certain commercial advantages
were secured to Great Britain. When, in 1838, the Neapolitan Government
granted a Sulphur Monopoly to a company of French and other foreign
merchants, Great Britain protested against this violation of her treaty
rights, demanded the revocation of the monopoly, and, after the
Neapolitan Government had declined to comply with this demand, laid an
_embargo_ on Sicilian ships in the harbour of Malta and ordered her
fleet in the Mediterranean to seize Sicilian ships by way of reprisal. A
number of vessels were captured, but were restored after the Sicilies
had, through the mediation of France, agreed to withdraw the grant of
the Sulphur Monopoly.
Again, when in 1908 de Castro, the President of Venezuela, dismissed M.
de Reuss, the Dutch Minister Resident at Caracas, Holland considered
this step a violation of her dignity and sent cruisers into Venezuelan
waters with the intention of resorting to reprisals. These cruisers
captured the Venezuelan coast-guard ship _Alexis_ outside Puerto
Cabello, and another Venezuelan public vessel, both of which, however,
were restored in 1909, when de Castro was deposed, and the new President
opened negotiations with Holland and settled the conflict.
[Sidenote: Reprisals admissible for International Delinquencies only.]
§ 35. Reprisals are admissible in the case of international
delinquencies only and exclusively. As internationally injurious
acts on the part of administrative and judicial officials, armed forces,
and private individuals are not _ipso facto_ international
delinquencies, no reprisals are admissible in the case of such
acts if the responsible State complies with the requirements of its
vicarious responsibility.[34] Should, however, a State refuse to comply
with these requirements, its vicarious responsibility would turn into
original responsibility, and thereby an international delinquency would
be created for which reprisals are indeed admissible.
[Footnote 34: See above, vol. I. §§ 149 and 150.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account