The Laws of War, Affecting Commerce and Shipping — John Shaqi
The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
"In the last war between England and America, a case
occurred in which an American citizen had purchased a
quantity of goods within the British territory, a long time
previous to the war, and had deposited them upon an island
near the frontier; upon the breaking out of hostilities, his
agents had hired a vessel to proceed to the spot, to bring
away the goods; on her return she was captured, and with the
cargo, condemned as prize of war."[24]
So also, where goods were purchased, some time before the war, by the
agent of an American citizen in Great Britain, but not shipped until
nearly a year after the declaration of hostilities, they were
pronounced liable to confiscation.[25]
Where property is to be withdrawn from the country of the enemy, it is
the more satisfactory and guarded proceeding on the part of the
_British_ merchant to apply to his own Government for the special
importation of the article; it is indeed the only safe way in which
parties can proceed.[26]
[Sidenote: Subjects of an Ally may not trade with the Enemy.]
During a Conjoint War no Subject of an Ally can trade with the common
enemy without liability to forfeiture in the prize courts of the Ally,
of all his property engaged in such trade. As the former rule can be
relaxed only by permission of the Sovran power of the state, so this
can be relaxed only by the permission of the allied nations, according
to their mutual consent.[27]
[Sidenote: Contracts void.]
On similar principles, all Contracts made with the Enemy _during War_
are utterly _void_. This applies to Insurances on the enemy's property
and trade; to the drawing and negociation of Bills of Exchange,
whether the subject of this country or of the alien enemy be the
acceptor; to the sending of Money or Bills to the enemy's country; to
Commercial Partnerships. All endeavours to trade by third persons are
equally illegal.[28]
Thus also all Contracts made in contemplation of War, and which never
could have existed at all, but as an insurance against the pressure of
war, and with a view to evade the rights that arise out of war, and in
fraud of the belligerent, are illegal, even though made by
neutrals.[29]
[Sidenote: Insurances.]
The municipal or common law of every state declares all Insurances to
be void, by which ships or merchandize of the enemy are sought to be
protected. Also all Insurances by or on behalf of _alien_ enemies are
wholly illegal and void, although effected before the breaking out of
hostilities; but if both the policy had been effected and the loss
accrued before the war, the remedy is only suspended during the war.
The general principle is that the contract of assurance is vacated and
annulled _ab initio_; wherever an insurance is made on a voyage
expressly prohibited by the common, statute, or maritime law of the
country; the policy is of no effect.[30]
Public-domain text, read in full here on John Shaqi.
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