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)
A much larger question is, however, involved in the discussion which has
arisen as to the alleged neglect by France to prevent the use of her
Cochin-Chinese waters by the Russians as a base of operations against
Japan. We are as yet in the dark as to what is actually occurring in
those waters, and are, perhaps, for that very reason in a better
position for endeavouring to ascertain what are the obligations imposed
on a neutral in such a case by international law.
It is admitted on all hands that a neutral Power is bound not to permit
the "asylum" which she may grant to ships of war to be so abused as to
render her waters a "base of operations" for the belligerent to which
those ships belong. Beyond this, international law speaks at present
with an uncertain voice, leaving to each Power to resort to such
measures in detail as may be necessary to ensure the due performance of
a duty which, as expressed in general terms, is universally recognised.
The rule enforced since 1862 by Great Britain for this purpose limits
the stay of a belligerent warship, under ordinary circumstances, to a
period of twenty-four hours; and the same provision will be found in the
neutrality proclamations issued last year by, e.g. the United States,
Egypt, China, Denmark, Sweden and Norway. So by Japan and Russia in
1898. This rule, convenient and reasonable as it is, is not yet a rule
of international law; as Lord Percy has had occasion to point out, in
replying to a question addressed to him in the House of Commons. The
proclamations of most of the Continental Powers do not commit their
respective Governments to any period of time, and the material clauses
of the French circular, to which most attention will be directed at the
present time, merely provide as follows:--
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