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 would also venture to suggest that, in Article 1 (1) (b) of the Bill
the words "or allows to depart," carried over from the old Act, should
be omitted, as of doubtful interpretation. Would it not also be
desirable to take this opportunity of severing the enlistment articles
of the overgrown principal Act from those forbidding the despatch of
ships fitted for hostilities and restricting the hospitality which may
be extended to belligerent war ships?
Upon quite a different subject, I should like to answer the question
propounded in your article, as to the weight now to be given to the
Declaration of London, by saying that no weight should be given to it,
except as between Powers who may have ratified it or may have agreed to
be temporarily bound by its provisions. One has of late been surprised
to read of vessels carrying contraband being allowed to continue their
voyage after surrendering the contraband goods, in accordance with a new
rule suggested by the Declaration, whereas, under still existing
international law, the duty of a captor is to bring in the vessel
together with her cargo, in order that the rightfulness of the seizure
may be investigated by a Prize Court.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, November 23 (1912).
The Bill of 1912 "to amend the Foreign Enlistment Act, 1870,"
passed the House of Lords with little comment, but was
withdrawn, after much adverse criticism, in the House of
Commons on February 12, 1913.
CHAPTER V
THE COMMENCEMENT OF WAR
SECTION 1
_Declaration of War_
The following letter bears upon the question, much discussed in
recent years, of the lawfulness of hostilities commenced
without anything amounting to a declaration of war. Although
several modern wars, e.g. the Franco-Prussian of 1870, and
the Russo-Turkish of 1877, were preceded by declaration, it was
hardly possible, in view of the practice of the last two
centuries, to maintain, that this was required by international
law, and it has never been alleged that any definite interval
need intervene between a declaration and the first act of
hostilities. On the destruction of the _Kowshing_, the present
writer may further refer to his _Studies in International Law_,
1898, p. 126, and to Professor Takahashi's _International Law
during the Chino-Japanese War_, 1899, pp. 24, 192. But see now
the note at the end of the "Letter" which follows.
THE SINKING OF THE _KOWSHING_
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account