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)
The Proclamation of the President of the United States of April
26 recited the desirability of the war being "conducted upon
principles in harmony with the present views of nations, and
sanctioned by their recent practice," and that it "has already
been announced that the policy of the Government will not be to
resort to privateering, but to adhere to the rules of the
Declaration of Paris," and goes on to adopt rules 2, 3, and 4
of the Declaration.
Ten years afterwards, viz. on January 18, 1908, Spain
signified "her entire and definitive adhesion to the four
clauses contained in the Declaration," undertaking scrupulously
to conduct herself accordingly. Mexico followed suit on
February 13, 1909. The United States are therefore now the only
important Power which has not formally bound itself not to
employ privateers. It seems unlikely that privateers, in the
old sense of the term, will be much heard of in the future,
though many questions may arise as to "volunteer navies" and
subsidised liners, such as those touched upon in the last
section, with reference to captures made by the _Malacca_;
possibly also as to ships "converted" on the High Seas.
OUR MERCANTILE MARINE IN WAR TIME
Sir,--There can be no doubt that serious loss would be occasioned to
British commerce by a war between the United States and Spain in which
either of those Powers should exercise its right of employing privateers
or of confiscating enemy goods in neutral bottoms.
Before, however, adopting the measures recommended, with a view to the
prevention of this loss, by Sir George Baden-Powell in your issue of
this morning, it would be desirable to enquire how far they would be in
accordance with international law, and what would be the net amount of
the relief which they would afford.
It is hardly necessary to say that non-compliance with the provisions of
the Declaration of Paris by a non-signatory carries with it none of the
consequences of a breach of the law of nations. The framers of that
somewhat hastily conceived attempt to engraft a paper amendment upon the
slowly matured product of oecumenical opinion, far from professing to
make general law, expressly state that the Declaration "shall not be
binding except upon those Powers who have acceded, or shall accede, to
it." As regards Spain and the United States the Declaration is _res
inter alios acta_.
Public-domain text, read in full here on John Shaqi.
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