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
[Sidenote: Pacific Blockade and vessels of third States.]
§ 46. It has already been stated that those writers who admit the
legality of pacific blockades are unanimous regarding the fact that no
right exists for the blockading State to seize and sequestrate such
ships of third States as try to break a pacific blockade. Apart from
this, no unanimity exists with regard to the question of the relation
between a pacific blockade and ships of third States. Some German
writers[51] maintain that such ships have to respect the blockade, and
that the blockading State has a right to stop such ships of third States
as try to break a pacific blockade. The vast majority of writers,
however, deny such right. There is, in fact, no rule of International
Law which could establish such a right, as pacific in contradistinction
to belligerent blockade is a mere matter between the conflicting
parties. The declaration of the Institute of International Law in favour
of pacific blockade contains, therefore, the condition: "Les navires de
pavillons neutres peuvent entrer librement malgré le blocus."
[Footnote 51: See Heffter, § 112; Perels, § 30.]
The practice of pacific blockade has varied with regard to ships of
third States. Before 1850 ships of third States were expected to respect
a pacific blockade, and such ships of these States as tried to break it
were seized, but were restored at the termination of the blockade, yet
without any compensation. When in 1850 Great Britain, and likewise when
in 1886 Great Britain, Austria, Germany, Italy, and Russia blockaded the
Greek ports, these ports were only closed for Greek ships, and others
were allowed to pass through. And the same was the case during the
blockade of Crete in 1897. On the other hand, in 1894, France, during a
conflict with China, blockaded the island of Formosa and tried to
enforce the blockade against ships of third States. But Great Britain
declared that a pacific blockade could not be enforced against ships of
third States, whereupon France had to drop her intended establishment of
a pacific blockade and had to consider herself at war with China. And
when in 1902 Great Britain, Germany, and Italy instituted a blockade
against Venezuela, they declared it a war blockade[52] because they
intended to enforce it against vessels of third States.
[Footnote 52: That this blockade was essentially a pacific blockade I
have already stated above, p. 50, note 1.]
[Sidenote: Pacific Blockade and vessels of the blockaded State.]
§ 47. Theory and practice seem nowadays to agree upon the rule that the
ships of a pacifically blockaded State trying to break the blockade may
be seized and sequestrated. But they may not be condemned and
confiscated, as they have to be restored at the termination of the
blockade. Thus, although the Powers which had instituted a blockade
against Venezuela in 1902 declared it a war blockade, all Venezuelan
public and private ships seized were restored after the blockade was
raised.
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