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)
On foodstuffs, see the _Report of the Royal Commission on the
Supply of Food, &c., in Time of War_, 1905. _Cf._ also
_infra._, pp. 174, 176, 177. They were placed by the unratified
Declaration of London, Art. 24, in the class of conditional
contraband; as is also coal. By Art. 28 of the Declaration, raw
cotton was enumerated among the articles which cannot be
declared contraband of war.
The suggestion in the letter of February 20, 1904, that certain
words quoted from the Japanese instructions had been
mistransmitted or misquoted was borne out by the Regulations
governing captures at sea, issued on March 15, 1904, Art. 14 of
which announces that certain goods are contraband "in case they
are destined to the enemy's army or navy, or in case they are
destined to the enemy's territory, and from the landing place
it can be inferred that they are intended for military
purposes."
The letters of March 10 and 15, 1905, will sufficiently explain
themselves. The accuracy of the statements contained in them
was vouched for by Baron Suyematsu, in a letter which appeared
in _The Times_ for March 16, to the effect that: "In Japan the
matters relating to the organisation and procedure of the prize
court, and the matters relating to prize, contraband goods,
&c., are regulated by two separate sets of laws.... The
so-called prize Court law of August 20, 1894, and amendment
dated March 1, 1904, which your correspondent refers to, are
the provisions relating to the former matters. The rules
regulating the latter matters--viz. prize, contraband goods,
&c., are not comprised in them. The rules which relate to the
latter matters, as existing at present, are consolidated and
comprised in an enactment which was issued on March 7, 1904....
Under the circumstances I can only repeat what Professor
Holland says ... in other words, I fully concur with the views
taken by the Professor."
The distinction between articles which are "absolutely
contraband," those which are "conditionally contraband," and
those which are incapable of being declared contraband was
expressly adopted in Arts. 22, 24, and 28 of the unratified
Declaration of London of 1909, as to which, see the comment at
the end of this section, as also the whole of Section 10.
IS COAL CONTRABAND OF WAR?
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