If, then, from the preceding retrospect it appears that whatever
advance we have made on the maritime usages of our ancestors has been
due solely to international agreement, and to a friendly concert
between the chief Powers of the world, acting with a view to their
permanent and collective interests, the inference is evidently in
favour of any further advance being only possible in the same way. The
renunciations of each Power redound to the benefit of each and all;
nor can the gain of the world involve any real loss for the several
nations that compose it. We shall therefore, perhaps, not err far from
the truth, if we imagine the following articles, in complement of those
formulated in Paris in 1856, to constitute the International Marine
Code which will be found in the future to be most calculated to remove
sources of contention between nations, and best adapted, therefore, to
the permanent interests of the contracting parties:
1. Privateering is and remains abolished.
2. The merchant vessels and cargoes of belligerents shall be exempted
from seizure and confiscation.
3. The colonies of either belligerent shall be excluded from the field
of legitimate hostilities, and the neutrality of their territory
shall extend to their ships and commerce.
4. The right of visiting and searching neutral or hostile merchantmen
for contraband of war shall be abolished.
5. Contraband of war shall be defined by international agreement; and
to deal in such contraband shall be made a breach of the civil
law, prohibited and punished by each State as a violation of its
proclamation of neutrality.
6. Except in the case of contraband as aforesaid, all trade shall
be lawful between the subjects of either belligerent, since
individuals are no more involved in the quarrel between their
respective governments at sea than they are on land.
7. The only limitation to commerce shall be so effective a blockade of
an enemy’s ports as shall render it impossible for ships to enter
or leave them; and the mere notification that a port is blockaded
shall not justify the seizure of ships that have sailed from, or
are sailing to, them in any part of the world.
8. The right to lay hostile embargoes on the ships of a friendly
Power, by reason of a dispute arising between them, shall be
abolished.
9. The right to confiscate or destroy the ships of a friendly Power
for the service of a belligerent State, the _jus angariæ_, shall be
abolished.
Public-domain text, read in full here on John Shaqi.
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