Letters to "The Times" upon War and Neutrality (1881-1920) — John Shaqi
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)
Ships violating a blockade are, of course, confiscable; but the Japanese
do not, as your Correspondent seems to have been informed, make the
existence of a blockade conditional upon its having been "notified to
the Consuls of all States in the blockaded port." Commanders are, no
doubt, instructed to notify the fact, "as far as possible, to the
competent authorities and the Consuls of the neutral Powers within the
circumference of the blockade"; but that is a very different thing.
I am, Sir, your obedient servant,
T. E. HOLLAND.
The Athenæum, March 10 (1905).
JAPANESE PRIZE LAW
Sir,--Let me assure your correspondent upon Marine Insurance that I have
been familiar, ever since its promulgation, with the Japanese prize law
of 1894, quoted by him as authority for statements made in your issue of
March 10, the misleading character of which I felt bound to point out in
a letter of the same date. All the topics mentioned by him on that
occasion, and to-day, are, however, regulated, not by that law, but by
notifications and instructions issued from time to time during 1904.
I make it my business not only to be authoritatively informed on such
matters, but also to see that my information is up to date.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, March 15 (1905).
_(Continuous Voyages)_
The opinion expressed in the letter which immediately follows,
that the American decisions, applying to carriage of contraband
the doctrine of "continuous voyages," seem to be "demanded by
the conditions of modern commerce, and might well be followed
by a British prize Court," was referred to by Lord Salisbury in
a despatch of January 10, 1900, to be communicated to Count von
Bülow, with reference to the seizure of _Bundesrath_. _Parl.
Papers_, Africa, No. 1 (1900), p. 19.
The distinction, drawn in the same letter, between "carriage of
contraband" and "enemy service," which has sometimes been lost
sight of, was established in the case of _Yangtsze Insurance
Association_ v. _Indemnity Mutual Marine Company_, [1908] K.B.
910, in which it was held by Bigham, J., that the transport of
military officers of a belligerent State, as passengers in a
neutral ship, is not a breach or a warranty against contraband
of war in a policy of marine insurance. The carriage of enemy
despatches will no longer be generally treated as "enemy
service" since The Hague Convention, No. xi. of 1907, ratified
by most of the Powers, including Great Britain, on November 27,
1909, by Art. 1 provides that, except in the case of breach of
blockade, "the postal correspondence of neutrals or
_belligerents_, whether of _an official_ or a private
character, found on board a _neutral_ or enemy ship on the High
Seas is inviolable."
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