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)
"It has happened, since the world has grown more commercial,
that a practice has crept in of admitting particular
relaxations; and if _one_ state only is at war, no injury is
committed to any other state. It is of no importance to
other nations how much a _single_ belligerent chooses to
weaken and dilute his _own_ rights; but it is otherwise when
allied nations are pursuing a common cause against a common
enemy. Between them it must be taken as an implied, if not
an express contract, that one state shall not do anything to
defeat the general object. If one state admits its subjects
to carry on an uninterrupted trade with the enemy, the
consequence may be that it will supply aid and _comfort_ to
the enemy; especially if it is an enemy very materially
depending on the resources of foreign commerce, which may be
injurious to the prosecution of the common cause, _and the
interests of its ally_. It should seem that it is not
enough, therefore, to say that one state has allowed this
practice to its own subjects; it should appear to be at
least desirable, that it could be shown that the practice is
of such a nature that it can in no way interfere with the
common operations, or that it has the allowance of the
confederate state."[213]
Trade with the enemy has always been held to be a direct interference
with the common operations of the war, and indirect trade has been
regarded with as much jealousy as direct trade. If Lord Stowell is to
be trusted, this country cannot in any way waive its belligerent
rights, without the consent of its ally; so that it is quite in the
option of France at any time to withdraw its assent, or to modify it
in terms, and thus bind English merchants to the terms of their
assent.
The _intended_ effect of these Orders is well described in the
_Times_, of April 21st, 1854.
Public-domain text, read in full here on John Shaqi.
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