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
§ 40. A kind of reprisal, which is called _Embargo_, must be specially
mentioned. This term of Spanish origin means detention, but in
International Law it has the technical meaning of detention of ships in
port. Now, as by way of reprisal all acts, otherwise illegal, may be
performed, there is no doubt that ships of the delinquent State may be
prevented from leaving the ports of the injured State for the purpose of
compelling the delinquent State to make reparation for the wrong
done.[39]
[Footnote 39: Thus in 1840--see above, § 34--Great Britain laid an
embargo on Sicilian ships.]
The matter would not need special mention were it not for the fact that
_embargo_ by way of reprisal is to be distinguished from detention of
ships for other reasons. According to a now obsolete[40] rule of
International Law, conflicting States could, when war was breaking out
or impending, lay an _embargo_ on, and appropriate each other's
merchantmen. Another kind of _embargo_ is the so-called _arrêt de
prince_[41]--that is, a detention of foreign ships for the purpose of
preventing them from spreading news of political importance. And there
is, thirdly, an _embargo_ arising out of the so-called _jus
angariæ_--that is, the right of a belligerent State to seize and make
use of neutral property in case of necessity, under the obligation to
compensate the neutral owner of such property. States have in the
past[42] made use of this kind of _embargo_ when they had not enough
ships for the necessary transport of troops, ammunition, and the like.
[Footnote 40: See, however, below, § 102_a_ and article 1 of Convention
VI., which only stipulates that it is _desirable_ that enemy vessels in
the port of a belligerent at the outbreak of war should be allowed to
depart freely; see also article 2 of Convention VI.]
[Footnote 41: See Steck, _Versuch über Handels-und Schiffahrts-Verträge_
(1782), p. 355; Caumont, _Dictionnaire universel de droit maritime_
(1867), pp. 247-265; Calvo, III. § 1277; Pradier-Fodéré, V. p. 719;
Holtzendorff, IV. pp. 98-104.]
[Footnote 42: See below, § 364.]
These kinds of international _embargo_ must not be confounded with the
so-called _civil embargo_ of English Municipal Law[43]--namely, the
order of the Sovereign to English ships not to leave English ports.
[Footnote 43: See Phillimore, III. § 26.]
[Sidenote: Reprisals to be preceded by Negotiations and to be stopped
when Reparation is made.]
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