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
Professor Westlake, commenting upon the case of the _Gaelic_, states the
English view of the doctrine of continuous voyages as affecting: (1)
goods which are contraband of war and (2) persons who are contraband of
war, or analogues of contraband. Goods, he says, may be consigned to
purchasers in a neutral port, or to agents who are to offer them for
sale there, and in either case what further becomes of them will depend
on the consignee purchasers or on the purchasers from the agents. He
contends that "such goods before arriving at the neutral port have only
a neutral destination; on arriving there they are imported into the
stock of the country, and if they ultimately find their way to a
belligerent army or navy it will be in consequence of a new destination
given them, and this notwithstanding that the neutral port may be a
well-known market for the belligerent in question to seek supplies in,
and that the goods may notoriously have been attracted to it by the
existence of such a market."[48]
[Footnote 48: L.Q. Rev., Vol. 15, p. 25.]
It is obvious that this was the position taken by Germany and other
nations with reference to the interference with neutral commerce bound
for Delagoa Bay. Professor Westlake continues in regard to the Japanese
incident: "The consignors of the goods may have had an expectation that
they would reach the belligerent but not an intention to that effect,
for a person can form an intention only about his own acts and a
belligerent destination was to be impressed on the goods, if at all, by
other persons." Thus it is agreed, he says, "that the goods though of
the nature of contraband of war, and the ship knowingly carrying them,
_are not subject to capture during the voyage to the neutral port_"[49]
[Footnote 49: L.Q.R., Vol. 15, p. 25. Italics our own.]
Public-domain text, read in full here on John Shaqi.
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