Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
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Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
Just as the _Alabama_ arbitration would have been impossible had not an
agreement been arrived at upon the principles in accordance with which
neutral duties as to the exit of ships of war were to be construed, so,
also, before an international Court can be empowered to decide questions
of prize, whether in the first instance or on appeal, it is
indispensable that the law to be applied on the points above mentioned,
and many others, should have been clearly defined and accepted, if not
generally, at least by all parties concerned. The moral which I would
venture to draw is, therefore, that although questions of fact, arising
out of capture of a prize, might sometimes be submitted to a tribunal of
arbitration, no case, involving rules of law as to which nations take
different views, could possibly be so submitted. One is glad, therefore,
to notice that the Prime Minister's reply to Mr. A. Herbert was of the
most guarded character. The settlement of the law of prize must
necessarily precede any general resort to an international prize Court;
and if the coming Hague Conference does no more than settle some of the
most pressing of these questions, it will have done much to promote the
cause of peace.
I am, your obedient servant,
T. E. HOLLAND.
Oxford, February 20 (1907).
A NEW PRIZE LAW
Sir,--The leading articles which you have recently published upon the
doings of the Peace Conference, as also the weighty letter addressed to
you by my eminent colleague, Professor Westlake, will have been welcomed
by many of your readers who are anxious that the vital importance of
some of the questions under discussion at The Hague should not be lost
sight of.
The Conference may now be congratulated upon having already given a
_quietus_ to several proposals for which, whether or not they may be
rightly described as Utopian, the time is admittedly not yet ripe. Such
has been the fate of the suggestions for the limitation of armaments,
and the exemption from capture of private property at sea. Such also,
there is every reason to hope, is the destiny which awaits the still
more objectionable proposals for rendering obligatory the resort to
arbitration, which by the Convention of 1899 was wisely left optional.
Should the labours of the delegates succeed in placing some restrictions
upon the employment of submarine mines, the bombardment of open coast
towns, and the conversion of merchant vessels into ships of war; in
making some slight improvements in each of the three Conventions of
1899; and in solving some of the more pressing questions as to the
rights and duties of neutrals, especially with reference to the
reception in their ports of belligerent warships, it will have more than
justified the hopes for its success which have been entertained by
persons conversant with the difficulty and complexity of the problems
involved.
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