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)
_Contraband of War_.
[Sidenote: Contraband of War.]
The general freedom of neutral commerce is subject to certain
restrictions with respect to neutral commerce. Among these is the
trade with the enemy in certain articles, called _Contraband of War_.
These are generally warlike stores, and articles which are directly
auxiliary to warlike purposes. Writers on this subject have made
distinctions between those things useful only for the purposes of war,
those which are not so, and those which are susceptible of
indiscriminate use in war and peace.
All seem to agree in excluding the first class from neutral trade;
and, in general, admitting the second. The chief difference is about
the third class. The last kind of articles--for example, money,
provisions, ships, and naval stores, according to Grotius, are
sometimes lawful articles of neutral trade, and sometimes not; and the
question depends upon circumstances. This is perhaps the truest ground
of decision, as we shall see in subsequent illustrations.[166]
Thus, these articles become contraband, _ipso facto_, if carried to a
besieged town, camp, or port. So in a _naval_ war, ships and materials
for ships, are contraband, although timber and cordage may be used for
other purposes, besides fitting out ships of war; and so horses and
saddles are not of necessity warlike stores, except when comparing the
quality, manufacture, or quantity attempted to be imported into the
hostile state, with the circumstances and condition of the war, it
appears (if not to be impossible) to be in the highest degree
unlikely, that they should be designed for any other purposes besides
the purposes of war.[167]
[Sidenote: Provisions, when Contraband.]
Common Provisions are not Contraband in general prize law, except in
the single case of being sent to a beseiged or blockaded place.[168]
It is a modern practice, in order to remove all possible doubt as to
what goods are contraband, for nations at war to enumerate them
particularly in treaties or compacts with neutral states; and such
treaties leave the neutral, with which they are made, at liberty to
supply the enemy with all goods that are not enumerated in them. These
treaties do not operate as a law; but like other treaties, are binding
only between the nations that are parties to them.[169]
[Sidenote: Lord Stowell's Opinion on Contraband of War.]
The Opinions of our great English authority, Lord Stowell, on this
subject, are contained in two judgments, of which the following is the
substance:--
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