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
[Footnote 46: A blockade instituted by a State against such portions of
its own territory as are in revolt is not a blockade for the purpose of
settling international differences. It has, therefore, in itself nothing
to do with the Law of Nations, but is a matter of internal police. I
cannot, therefore, agree with Holland, who, in his _Studies in
International Law_, p. 138, treats it as a pacific blockade _sensu
generali_. Of course, necessity of self-preservation only can justify a
State that has blockaded one of its own ports in preventing the egress
and ingress of _foreign_ vessels. And the question might arise whether
compensation ought not to be paid for losses sustained by foreign
vessels so detained.]
[Footnote 47: See above, § 35.]
[Footnote 48: This blockade, although ostensibly a war blockade for the
purpose of preventing the ingress of foreign vessels, was nevertheless
essentially a pacific blockade. See Holland, in _The Law Quarterly
Review_, XIX. (1903), p. 133; Parliamentary Papers, Venezuela, No. 1
(Venezuela), Correspondence respecting the Affairs of Venezuela.]
[Sidenote: Admissibility of Pacific Blockade.]
§ 45. No unanimity exists among international lawyers with regard to the
question whether or not pacific blockades are admissible according to
the principles of the Law of Nations. There is no doubt that the theory
of the Law of Nations forbids the seizure and sequestration of vessels
other than those of the blockaded State caught in an attempt to break a
pacific blockade. For even those writers who maintain the admissibility
of pacific blockade assert that vessels of third States cannot be
seized. What is controverted is the question whether according to
International Law the coast of a State may be blockaded at all in time
of peace. From the first recorded instance to the last, several
writers[49] of authority have negatived the question. On the other hand,
many writers have answered the question in the affirmative, differing
among themselves regarding the one point only whether or not vessels
sailing under the flag of third States could be prevented from entering
or leaving pacifically blockaded ports. The Institute of International
Law in 1887 carefully studied, and at its meeting in Heidelberg
discussed, the question, and finally voted a declaration[50] in favour
of the admissibility of pacific blockades. Thus the most influential
body of theorists has approved what had been established before by
practice. There ought to be no doubt that the numerous cases of pacific
blockade which have occurred during the nineteenth century have, through
tacit consent of the members of the Family of Nations, established the
admissibility of pacific blockades for the settlement of political as
well as of legal international differences.
[Footnote 49: The leader of these writers is Hautefeuille, _Des Droits
et des Devoirs des Nations Neutres_ (2nd ed. 1858, pp. 272-288).]
[Footnote 50: See _Annuaire_, IX. (1887), pp. 275-301.]
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