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)
It would appear, from such imperfect information as intermittently
reaches Swiss mountain hotels, that a conviction of the truth of this
proposition is at length making way among the delegates to The Hague
Conference and among observers of its doings. In a recent number of the
_Courrier de la Conférence_, a publication which cannot be accused of
lukewarmness in the advocacy of proposals for the peaceful settlement of
international differences, I find an article entitled "Pas de Code
Naval, pas de Cour des Prises," to the effect that "l'acceptation de la
Cour des Prises est strictement conditionnelle à la rédaction du Code,
qu'elle aura à interpréter." Its decisions must otherwise be founded
upon the opinions of its Judges, "the majority of whom will belong to a
school which has never accepted what Great Britain looks upon as the
fundamental principles of naval warfare." One learns also from other
sources, that efforts are being made to arrive, by a series of
compromises, at some common understanding upon the points as to which
the differences of view between the Powers are most pronounced. It may,
however, be safely predicted that many years must elapse before any such
result will be achieved.
In the meantime, a very different solution of the difficulty has
commended itself to the partisans of the proposed Court. M. Renault, the
accomplished Reporter of the committee which deals in the first instance
with the subject, after stating that "sur beaucoup de points le droit de
la guerre maritime est encore incertain, et chaque État le formule au
gré de ses idées et de ses intérêts," lays down that, in accordance with
strict juridical reasoning, when international law is silent an
international Court should apply the law of the captor. He is,
nevertheless, prepared to recommend, as the spokesman of the committee,
that in such cases the Judges should decide "d'après les principes[C]
généraux de la justice et de l'équité"--a process which I had, less
complimentarily, described as "evolving new rules out of their inner
consciousness." The Court, in pursuance of this confessedly "hardie
solution," would be called upon to "faire le droit."
Public-domain text, read in full here on John Shaqi.
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