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)
England, being thus opposed to all the maritime world, was at this
time obliged to smother her resentment; only simply expostulating with
Russia. But the want of the consent of a power of such decided
maritime superiority as that of Great Britain, was an insuperable
obstacle to the success of the Baltic Conventional Law of Neutrality;
and it was abandoned in 1793 by the naval powers of Europe, as not
sanctioned by the existing law of nations, in every case in which the
doctrines of that code did not rest upon positive compact.
During the protracted wars of the French Revolution, all the
belligerent powers began by discarding in practice, not only the
principles of the armed neutrality, but even the generally received
maxims of international law by which neutral commerce in time of war
had been previously regulated. France, on her part, revived the
severity of her ancient prize code; decreeing not only the capture and
condemnation of the goods of her enemies found on board neutral
vessels, but even of the vessels themselves laden with goods of
British growth, produce, and manufacture.
In 1801, principally in consequence of the doctrines of the British
Admiralty Courts with regard to the right of search, great efforts
were made by the Baltic powers to recall and enforce the doctrines of
the armed neutrality of 1780. This attempt is generally known as the
Armed Neutrality of 1800, and was met, promptly overpowered, and the
confederacy finally dissolved, by the naval power of England. Russia
gave up the point, and by her convention with England of the 17th of
June, 1801, expressly agreed, that enemy's property was not to be
protected on board of neutral ships.[198] This settlement was ended by
the death of the Emperor Paul.
APPENDIX TO PART I.
NOTE A.--_The Law of Reprisals_.[199]
Reprisals by commission, or letters of marque and reprisal, granted to
one or more injured persons, in the name and authority of the
Sovereign, constitutes a case of "partial, or special reprisals," and
is considered to be compatible with a state of peace, and was formerly
permitted by the Law of Nations; though it may be doubted if such a
rule would hold good now.[200] General reprisals upon the persons and
property of the subjects of another nation are equivalent to open war.
It is often the first step which is taken at the commencement of a
public war, and may be considered as amounting to a declaration of
hostilities, unless satisfaction is made by the offending state.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account