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)
I shall ask leave to add that, if Mr. Cohen will take the trouble to
look again at my letters of February 10 and 25, he will cease to suppose
it possible that in writing "the pleadings are, I think, exhausted,
&c.," I meant to convey that no further discussion of the merits or
demerits of the Declaration was required. On the contrary I expressly
limited myself to a consideration of the preliminary question, whether
interpretative authority would rightly be attributed to the report in
question, stating that, while opposed to the ratification alike of the
Prize Court Convention and of the Declaration, I did not, for the
present, wish to enter upon the demerits of either instrument; and ended
my first letter by suggesting the reference to a Royal Commission of
"the vitally important questions of theory and practice raised by the
Convention and the Declaration," as needing "calmer and better
instructed discussion than they have yet received."
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, March 1 (1911).
THE DECLARATION OF LONDON
Sir,--After Tuesday's debate in the House of Lords it may be hoped that
not even "the man in the street" will suppose the Declaration of London
to be anything more than an objectionable draft, by which no country has
consented to be bound. Every day of the war makes more apparent our debt
to the House of Lords for having, four years ago, prevented the British
Government from ratifying either the International Prize Court
Convention or this Declaration, which, while misleadingly professing
that its provisions "correspond in substance with the generally
recognised principles of international law," contains, interspersed with
truisms familiar to all concerned with such matters, a good many
undesirable novelties.
This being so, it was surely unfortunate that our Government, with a
view apparently to saving time and trouble, decided, in the early days
of the war, to adopt the Declaration _en bloc_ as a statement of prize
law "during the present hostilities," subject, however, to "certain
additions and modifications"; to which it, of course, retained the power
of making additions. This power has been so freely exercised, and large
portions of the Declaration, not thereby affected, have proved to be so
inapplicable to modern conditions, as disclosed by the war, that the
document, so far from providing reliable guidance, is now a mere source
of hopeless confusion.
To put an end to this confusion, I venture to suggest that, in concert
with our Allies, the Declaration should be finally consigned to
oblivion. Either let its place be taken by some clear and simple
statement of unquestioned prize law, for the use of commanders and
officials (something like a confidential document in the drafting of
which I had a hand some years ago, but, of course, brought up to date),
or let established principles take care of themselves, certain doubtful
points only being dealt with, from time to time, by Orders in Council.
Public-domain text, read in full here on John Shaqi.
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