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)
Of the members of this committee (of thirteen), on which Great Britain
is represented only by Mr. Lowes Dickenson (mistakenly described as a
Cambridge Professor), and America only by Mrs. Andrews, of Boston, the
best known are Professors Lammasch, of Vienna, and Schücking, of
Marburg. The "minimum programme" demands, _inter alia_, "equal rights
for all nations in the colonies, &c.," of the Powers; submission of all
disputes to "pacific procedure," joint action by the Powers against any
one of them resorting to military measures, rather than to such
procedure; and that "the right of prize shall be abolished, and the
freedom of the seas shall be guaranteed." The _provenance_ of this
"minimum programme" is sufficiently obvious. What is likely to be the
character of such a "maximum programme" as will doubtless be aimed at by
the proposed gathering?
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, October 16 (1915).
CHAPTER VII
THE RIGHTS AND DUTIES OF NEUTRALS
SECTION 1
_The Criterion of Neutral Conduct_
The main object of the first of the following letters was to
assert, as against any possible misunderstanding of phraseology
attributed to a great international lawyer (since lost to
science and to his friends by his sudden death on June 20,
1909), the authority by which alone neutral rights and duties
are defined.
The letter also touches upon the limit of time which a neutral
Power is bound to place upon the stay in its ports of
belligerent ships of war; a topic more fully discussed in
Section 4.
PROFESSOR DE MARTENS ON THE SITUATION
Sir,--The name of my distinguished friend, M. de Martens, carries so
much weight that I hope you will allow me at once to say that I am
convinced that to-day's telegraphic report of some communication made by
him to the St. Petersburg newspapers fails to convey an accurate account
of the views which he has thus expressed.
On matters of fact it would appear that he is no better informed than
are most of us in this country; and under matters of fact may be
included the breaches of neutrality which he is represented as
counter-charging against the Japanese. It is exclusively with the views
on questions of law which are attributed to Professor de Martens that I
am now concerned. He is unquestionably right in saying, as I pointed out
in a recent letter, that the hard-and-fast rule, fixing 24 hours as the
limit, under ordinary circumstances, of the stay of a belligerent
warship in neutral waters, is not yet universally accepted as a rule of
international law; and, in particular, is not adopted by France.
Public-domain text, read in full here on John Shaqi.
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