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 may perhaps add a word or two on the undesirability of describing as
"Declarations" documents which, being equipped with provisions for
ratification, although they may profess to set out old law, differ in no
respect from other conventions. Also, as to the need for greater caution
on the part of our representatives than has been shown by their
acceptance of various craftily suggested anti-British suggestions, such
as were several embodied in the Declaration in question, and notably
that of the notorious cl. 23 (_h_) of The Hague Convention iv., the
interpretation of which has exercised the ingenuity of the Foreign
Office and, more recently, of the Court of Appeal.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Brighton, July 9 (1916).
On July 7, 1916, an Order in Council was made, revoking all
Orders by which the provisions of the Declaration had been
adopted, or modified, for the duration of the war; stating the
intention of the Allies to exercise their belligerent rights at
sea in strict accordance with the law of nations; but dealing
specifically with certain doubtful points. The Order was
accompanied by a memorandum, drawn up by the British and French
Governments, explaining how their expectation that in the
Declaration they would find "a suitable digest of principles
and compendium of working rules" had not been realised. See
also Lord Robert Cecil in the House of Commons on August 23,
with reference to the Zamora case, [1916] 2 Ch. c. 77.
On misuses of the term "Declaration" _cf. supra_, pp. 90, 91,
92.
GERMANY WRONG AGAIN
Sir,--The new German Note handed on Thursday last to the representatives
of the neutral Powers supports its allegation that the four Allied
Powers "have trampled upon right and torn up the treaties on which it
was based" by the following statement:--
"Already in the first weeks of the war England had renounced
the Declaration of London, the contents of which her own
delegates had recognised as binding in international law."
It is surely notorious that the delegates of a Power, by agreeing to the
draft of a treaty, give to it no international validity, which results
only when the treaty has been ratified by their Government. The
Declaration of London has, most fortunately, never been ratified by the
Government of Great Britain.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, January 13 (1917).
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