Neutral Rights and Obligations in the Anglo-Boer WarCampbell, Robert Granville
History
Neutral Rights and Obligations in the Anglo-Boer War
Campbell, Robert Granville
Neutrality; South African War, 1899-1902
It should be remembered that Mr. Baty has concluded that Calvo asserts
the possibility of a neutral, without violating its neutral obligations,
allowing a belligerent to pass troops over neutral territory for the
purpose of attacking a State which is on friendly terms with the
Government granting the privilege. Mr. Baty asserts that a real easement
existed in favor of England if she might "force her way along" the
routes stipulated in the treaty, "without going to war with Portugal,"
But he says this interpretation is always "subject to the consideration,
that the terms of the treaty do not seem to contemplate the use of the
road as a military road at all," a conclusion which would seem to settle
the question, and deny that any shred of justification existed for the
use to which neutral territory was put in time of war. But Mr. Baty in
the same breath says: "There can be such a thing as a military road
across neutral territory. The German Empire has such a road across the
canton of Schaffhausen, and there used to be one between Saxony and
Poland. But it seems very questionable whether the roads indicated by
the treaty of 1891 were not simply commercial, and not for the purposes
of war at all."[35] And this English writer reluctantly admits, "The
treaty has, therefore, to be pressed very far to cover the grant of an
overland passage for troops from Beira inland."[36]
[Footnote 35: International Law in South Africa, p. 77.]
[Footnote 36: Ibid., p. 76.]
The conclusion reached by Mr. Baty is far more favorable to England than
the circumstances of the case warrant. "One may regret," he says, "that
the British Government should have found it necessary to place a
somewhat strained interpretation on a treaty which, even then did not
give them in anything like clear terms, an absolute servitude of the
kind contended for."[37]
[Footnote 37: Ibid., p. 77.]
Public-domain text, read in full here on John Shaqi.
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