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)
There is, however, a preliminary question upon which, with your
permission, I should like to say a few words. My friend justly observes
that in dealing with the Declaration "the first necessity is to know
what it is that we have before us"; and he devotes his letter of January
31 to maintaining that the Declaration must be read as interpreted by
the explanations of it given to the full Conference by the Drafting
Committee, of which M. Renault was president. Professor Westlake
supports his opinion by a quotation from the reply of the Foreign Office
in November last to the Edinburgh Chamber of Commerce (_Miscell._ 1910,
No. 4, p. 21). I may mention that a similar reply had been given, a year
previously, by Mr. McKinnon Wood to a question in the House of Commons.
The source of these replies is doubtless to be found in a paragraph of
the Report, addressed on March 1, 1909, to Sir Edward Grey, of the
British Delegates to the London Conference, which runs as follows:--
"It should be borne in mind that, in accordance with the
principles and practice of Continental jurisprudence, such a
Report is considered an authoritative statement of the
meaning and intention of the instrument which it explains,
and that consequently foreign Governments and Courts, and no
doubt also the International Prize Court, will construe and
interpret the provisions of the Declaration by the light of
the Commentary given in the Report." (_Miscell._ 1909, No. 4,
p. 94.)
It is desirable to know upon what authority this statement rests. I am
aware of none. The nearest approach to an assertion of anything like it
occurred at The Hague Conference of 1899, when the "approval" accorded
to "the work of the Second Committee, as embodied in the articles voted
and in the interpretative Report which accompanies them" was alleged by
M. de Martens to amount to an acceptance of the Report "comme un
commentaire interprétatif authentique des articles votés." (_Miscell._
1899, No. 1, p. 165.) The drafting Report presented to the Geneva
Conference of 1906 is merely said to have been "adopted" (Actes, p.
286); and M. Renault's Report to the Conference of London was similarly
merely "accepted," although he presented it as containing
"Un commentaire précis, dégagé de tout controverse, qui,
devenu commentaire officiel par l'approbation de la
Conférence, soit de nature à guider les autorités diverses,
administratives, militaires, judiciaires, qui pourront avoir
à l'appliquer." (_Miscell._ 1909, No. 5, p. 344.)
Public-domain text, read in full here on John Shaqi.
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