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)
The question which I have ventured to raise is whether the _textus
receptus_, built up, as it has been, by successive accretions, is
sufficiently in accordance with the facts to which it purports to call
the attention of British subjects to be properly submitted to His
Majesty for signature. I would suggest for consideration: 1. Whether the
phrases commanding obedience, on pain of His Majesty's "high
displeasure," and the term "misconduct," should not be used only with
reference to offences recognised as such by the law of England. 2.
Whether such condensed, and therefore incorrect, though very commonly
employed, expressions as imply that breach of blockade and carriage of
contraband are "in violation of the law of nations," and are liable to
"the penalties denounced by the law of nations," should not be replaced
by expressions more scientifically correct. The law of nations neither
prohibits the acts in question nor prescribes penalties to be incurred
by the doers of them. What it really does is to define the measures to
which a belligerent may resort for the suppression of such acts, without
laying himself open to remonstrance from the neutral Government to which
the traders implicated owe allegiance.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, December 5 (1904).
THE BRITISH PROCLAMATION OF NEUTRALITY
Sir,--I am glad that Mr. Gibson Bowles has called attention to certain
respects in which the Proclamation of Neutrality issued by our
Government on the 3rd of the present month differs from that issued on
February 11, 1904.
In two letters addressed to you with reference to the Proclamation of
that year, I ventured to point out what appeared to me to be its
defects, alike from a scientific and from a practical point of view. The
present Proclamation has slightly minimised these defects, but, as a
whole, remains open to the objections which I then raised. I have no
wish to repeat in detail the contents of my letters of 1904, especially
as they may be now found in my _Letters upon War and Neutrality_,
published in 1909, pp. 95 and 98, but am unwilling not to take this
opportunity once more to urge the desirability of redrafting the
document in question.
Public-domain text, read in full here on John Shaqi.
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