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 ordinary course of things, in the time of peace, such a
transfer _in transitu_ can certainly be made. When war intervenes,
another rule is set up by the Courts of Admiralty, which interferes
with the ordinary practice. In a state of war, _existing_ or
_imminent_, it is held that the property shall be deemed to continue
as it was at the time of shipment, till actual delivery; this arises
out of a state of war, which gives a belligerent a right to stop the
goods of his enemy. If such a rule did not exist, all goods shipped in
an enemy's country would be protected by transfers, which it would be
impossible to detect.[78]
CHAPTER II.
SECTION I.
_Actual War_.--_Its Effects_.
[Sidenote: Objects of War.]
Vattel tells us
"The end of a just war is to _avenge or prevent injury_;
that is to say, to obtain justice by force, when not
obtainable by any other method; to compel an unjust
adversary to repair an injury already done, or to give us
securities against any wrong with which we are threatened by
him. As soon therefore as we have declared war, we have a
right to do against the enemy whatever we find necessary for
the attainment of that end, for the purpose of bringing him
to reason, and obtaining justice and security from him.
"The lawfulness of the end does not give us any thing
further than barely the means necessary for the attainment
of that end. Whatever we do beyond that, is reprobated by
the law of nature--is faulty and condemnable at the tribunal
of conscience. Hence it is that the right to such acts
varies according to circumstance. What is just and perfectly
innocent in one situation is not always so on other
occasions. Right goes hand in hand with necessity and the
exigency of the case, but never exceeds them."
Such are some of the arguments that Vattel puts forth with all the
strength of reason and eloquence, against all unnecessary cruelty, and
all mean and perfidious warfare.
There was no limit to the career of violence and destruction,
justified by some of the earlier writers; they considered a state of
war as a dissolution of all moral ties, and a licence for every
disorder and fierceness: even such authors as Bynkershoek and Wolff,
who lived in the most learned and not the least civilized nations of
Europe, and were the contemporaries of that galaxy of talent that
adorned the commencement of the eighteenth century, held that every
thing done against an enemy was lawful. He might be destroyed, though
unarmed, harmless, defenceless; fraud, even poison, might be used
against him. A foe was a criminal and an outlaw, who had forfeited his
rights, and whose life, liberty, and property, lay at the mercy of the
victor.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account