The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915 — John Shaqi
The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915Piggott, Francis Taylor
History
The neutral merchant: in relation to the law of contraband of war and blockade under the order in Council of 11th March, 1915
Piggott, Francis Taylor
Blockade; Contraband of war; Neutrality; World War, 1914-1918
But articles on the list of absolute contraband consigned to neutral
countries from America have been seized and detained ‘on the ground
that the countries to which they were destined have not prohibited
the exportation of such articles.’ Italy had prohibited the export of
copper, and shipments to Italian consignees or ‘to order’ cannot be
exported or transhipped; copper can only pass through that country if
it is in transit to another country. Yet the British Foreign Office had
‘declined to affirm that copper shipments to Italy will not be molested
on the high seas.’
In the case of conditional contraband there is a presumption of
innocent use when it is destined to neutral territory; yet the British
authorities had seized and detained cargoes without
being in possession of facts which warranted a reasonable belief that
the shipments had in reality a belligerent destination as that term is
used in international law. Mere suspicion is not evidence, and doubts
should be resolved in favour of neutral commerce, not against it.
Cargoes had, in fact, been seized ‘because of a belief that, though
not originally so intended by the shippers, they will ultimately
reach’ the enemy. A consignment of conditional contraband shipped to a
neutral port does not raise a presumption of enemy destination; such
a presumption is directly opposed to Lord Salisbury’s statement, made
during the South African war, as to foodstuffs (equally applicable
to all conditional contraband) which, ‘though having a hostile
destination, can be considered as contraband only if they are for
the enemy forces. It is not sufficient that they are capable of
being so used. It must be shown that was in fact their destination
at the time of their seizure.’ As to concealed contraband, it is
conceded that there is a right to detain neutral ships when there is
sufficient evidence to justify belief that contraband articles are
in their cargoes; but the ships cannot be taken into port and there
detained ‘for the purpose of searching generally for contraband, or
upon presumptions created by special municipal enactment which are
clearly at variance with international law and practice.’ Many of the
industries of the United States are suffering ‘because their products
are denied long-established markets in European countries which, though
neutral, are contiguous to the nations at war.’ The effect on trade
is not entirely cured by reimbursements for damages suffered when an
enemy destination has not been established; ‘the injury is to American
commerce as a whole through the hazard of the enterprise and the
repeated diversion of goods from established markets.’
Public-domain text, read in full here on John Shaqi.
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