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
Resolved into its simplest expression, the complaint is a criticism of
the way in which the doctrine of ‘continuous voyages’ has been applied
by the British Government; but there is also a veiled criticism of the
doctrine itself; and, by way of further complaint, it is pointed out
that the embargoes which have been declared in certain countries have
proved insufficient to prevent the doctrine being applied. As to the
principle asserted that doubts are to be resolved in favour of neutral
commerce, it has no warrant in common sense, for it puts a premium on
the neutral merchant’s ingenuity, an ingenuity which has itself given
rise to the doctrine of ‘continuous voyages.’ Seeing that commerce is
in the balance against a nation’s existence, the doubt must obviously
be resolved in favour of the more important consideration. The Note is
also open to the general criticism that it is based on the position
of the vendor and ignores the purchaser. But the true criterion of
destination must often be found in the intentions of the neutral
purchaser of which the neutral vendor may be ignorant.
An interim reply was sent by the British Government on the 7th of
January. It begins with a cordial concurrence in the general principle
that a belligerent should not interfere with trade between neutrals
unless such interference is necessary to protect the belligerent’s
national safety, and then only to the extent to which this is
necessary; with this qualification, however, that
we shall endeavour to keep our action within the limits of this
principle, on the understanding that it admits our right to interfere
when such interference is, not with _bona-fide_ trade between
the United States and another neutral country, but with trade in
contraband destined for the enemy’s country, and we are ready,
whenever our action may unintentionally exceed this principle to make
redress.
The figures showing the export of copper from the United States in
1913 and 1914 to Italy, Sweden, Denmark, and Switzerland (‘countries
which, though neutral, are contiguous to the nations at war’) are then
compared, and their astonishing increases duly noted. The conclusion
is very clear.
With such figures the presumption is very strong that the bulk of the
copper consigned to these countries has recently been intended not
for their own use, but for that of a belligerent who cannot import it
direct.
Public-domain text, read in full here on John Shaqi.
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