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)
2. While the several delegations are vying with one another in devising
new definitions of contraband, there would seem to be little likelihood
that the British proposal for its total abandonment will be seriously
entertained. Such a step could be justified, if at all, from the point
of view of national interest, only on the ground that it might possibly
throw increased difficulties in the way of an enemy desirous, even by
straining the existing law, of interfering with the supply of foodstuffs
to the British Islands. I propose, for the present, only to call
attention to the concluding paragraph of the British notice of motion on
this point, which would seem to imply much more than the abandonment of
contraband. The words in question, if indeed they are authentically
reported, are as follows: "Le droit de visite ne serait exercé que pour
constater le caractère neutre du bâtiment de commerce." Does this mean
that the visiting officer, as soon as he has ascertained from the ship's
papers that she is neutral property, is to make his bow and return to
the cruiser whence he came? If so, what has become of our existing right
to detain any vessel which has sailed for a blockaded port, or is
carrying, as a commercial venture, or even ignorantly, hostile troops or
despatches? No such definition as is proposed of an "auxiliary
ship-of-war" would safeguard the right in question, since a ship, to
come within that definition, must, it appears, be under the orders of a
belligerent fleet.
I would venture to suggest that the motto of a reformer of prize law
should be _festina lente._ The existing system is the fruit of practical
experience extending over several centuries, and, though it may need,
here and there, some readjustment to new conditions, brought about by
the substitution of steam for sails, is not one which can safely be
pulled to pieces in a couple of months. Let us leave something for
future Hague Conferences.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, July 24 (1907).
A NEW PRIZE LAW
Sir,--In a letter under the above heading, for which you were so good as
to find room in July last, I returned to the thesis which I had ventured
to maintain some months previously, _à propos_ of a question put in the
House of Commons. My contention was that the establishment of an
international prize Court, assuming it to be under any circumstances
desirable, should follow, not precede, a general international agreement
as to the law which the Court is to administer.
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