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)
P.S.--It may be worth while to add, for the benefit of those only who
care to be provided with a clue (not to be found in the judgment)
through the somewhat labyrinthine details of the question under
discussion, a summary of its history. The Russian rules as to contraband
are contained in several documents--viz. the "Regulations as to Naval
Prize" of 1895, Arts. 11-14; the "Admiralty Instructions" of 1900, Arts.
97, 98, and the appended "Special Declaration" as to the articles
considered to be contraband (partly modelled on the list of 1877); the
"Imperial Order" of February 28, 1904, rule 6 (this Order keeps alive
the rules of 1895 and 1900, except in so far as they are varied by it);
the "Order" of March 19, 1904, defining "food" and bringing machinery of
certain kinds into the list of contraband; the "Order," of April 21,
1904, bringing "raw cotton" into the list; and, lastly, the
"Instructions" of September 30 and October 28, 1904, recognising, in
effect, a class of "conditional" contraband, placing foodstuffs in this
class, as also, ultimately, other objects "capable of warlike use and
not specified in sections 1-9 of rule 6."
T. E. H.
Temple, July 1 (1905).
COTTON AS CONTRABAND
Sir,--Your correspondent "Judex" will rejoice, as I do, that cotton has
now been declared to be "absolute contraband." May I, however, suggest
that the topic should be discussed without any reference to the
fortunately unratified Declaration of London, that premature attempt to
codify the law of maritime warfare, claiming, misleadingly, that its
rules "correspond in substance with the generally recognised principles
of international law"?
It is surely regrettable that, by the Order in Council of August 20,
1914, our Government adopted the provisions of the Declaration "during
the present hostilities," and "subject to various additions and
modifications," the list of which has since been considerably extended.
This half-hearted course of action painfully recalls certain vicious
methods of legislation by reference, and was additionally uncalled for,
since, as has been shown by recent events, about two-thirds of the rules
laid down by the Declaration are inapplicable to modern warfare.
Public-domain text, read in full here on John Shaqi.
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