Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
Is this so? The contract into which a State enters with other States, by
adopting the customary laws of war and by ratifying express Conventions
dealing with the same subject, obliges it, while remaining neutral, to
submit to certain inconveniences resulting from the war, and, when
belligerent, to abstain from certain modes of carrying on hostilities.
It is assuredly no term of the contract that the State in question shall
sit in judgment upon its co-contractors and forcibly intervene in _rebus
inter alios actis_. Its hands are absolutely free. It may remain a
quiescent spectator of evil, or, if strong enough and indignant with the
wrongdoing, may endeavour to abate the mischief by remonstrance, and, in
the last resort, by taking sides against the offender. Let us hope that
at the present crisis the United States may see their way to choosing
the better part.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, November 28 (1915).
* * * * *
SECTION 2
_The Duties of Neutral States, and the Liabilities of Neutral
Individuals, distinguished_
The duties of neutral States have been classified by the
present writer under the heads, of "Abstention," "Prevention,"
and "Acquiescence." (_Transactions of the British Academy_,
vol. ii, p. 55; reproduced in the _Revue de Droit
International_, the _Revista de Derecho International_, and the
_Marine Rundschau_.) In the three letters which follow, an
attempt is made to point out the confusion which has resulted
from failure to distinguish between the two last-mentioned
heads of neutral duty; on the one hand, namely, the cases in
which a neutral government is bound itself to come forward and
take steps to prevent certain classes of action on the part of
belligerents, or of its own subjects, e.g. the overstay in its
ports of belligerent fleets, or the export from its shores of
ships of war for belligerent use; and, on the other hand, the
cases in which the neutral government is bound only to
passively acquiesce in interference by belligerents with the
commerce of such of its subjects as may choose, at their own
risk and peril, to engage in carriage of contraband, breach of
blockade, and the like.
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