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)
Is France at war with Siam? This may well be the case, according to
modern practice, without any formal declaration of war; and it is, for
international purposes, immaterial whether the French Cabinet, if it has
commenced a war without the sanction of the Chambers, has or has not
thereby violated the French Constitution. If there is a war, and if the
blockade, being effective, has been duly notified to the neutral Powers,
the vessels of those Powers are, of course, liable to be visited, and,
if found to be engaged in breach of the blockade, to be dealt with by
the French Prize Courts.
Or is France still at peace with Siam, and merely putting upon her that
form of pressure which is known as "pacific blockade"?
In this case, since there is no belligerency there is no neutrality, and
the ships of States other than that to which the pressure is being
applied are not liable to be interfered with. The particular mode of
applying pressure without going to war known as "pacific blockade"
dates, as is well known, only from 1827. It has indeed been enforced, by
England as well as by France, upon several occasions, against the
vessels of third Powers; but this practice has always been protested
against, especially by French jurists, as an unwarrantable interference
with the rights of such Powers, and was acknowledged by Lord Palmerston
to be illegal. The British Government distinctly warned the French in
1884 that their blockade of Formosa could be recognised as affecting
British vessels only if it constituted an act of war against China; and
when the Great Powers in 1886 proclaimed a pacific blockade of the
coasts of Greece they carefully limited its operation to ships under the
Greek flag.
The Subject has been exhaustively considered by the Institut de Droit
International, which, at its meeting at Heidelberg in 1887, arrived at
certain conclusions which may be taken to express the view of learned
Europe. They are as follows:--
"L'établissement d'un blocus en dehors de l'état de guerre ne
doit être considere comme permis par le droit des gens que
sous les conditions suivantes:--
"1. Les navires de pavillon étranger peuvent entrer librement
malgré le blocus.
"2. Le blocus pacifique doit être déclaré et notifié
officiellement, et maintenu par une force suffisante.
"Les navires de la puissance bloquée qui ne respectent pas un
pareil blocus peuvent être séquestrés. Le blocus ayant cessé,
ils doivent être restitués avec leur cargaisons à leurs
propriétaires, mais sans dédommagement à aucun titre."
If the French wish to reap the full advantages of a blockade of the
Siamese coast they must be prepared, by becoming belligerent, to face
the disadvantages which may result from the performance by this country
of her duties as a neutral.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Athenæum Club, July 26 (1893).
PACIFIC BLOCKADE
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