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
The full reply of the British Government was dated the 10th of
February. It contained the very important declaration that our action
against neutral vessels ‘has been limited to vessels on their way to
enemy ports or ports in neutral countries adjacent to the theatre of
war, because it is only through such ports that the enemy introduces
the supplies which he requires for carrying on the war.’ In other
words, the importance of the doctrine of ‘continuous voyages’ at the
present time is emphasised; and its necessity is demonstrated by
a further review of trade statistics, which led to the inevitable
conclusions ‘that not only has the trade of the United States with the
neutral countries in Europe been maintained as compared with previous
years, but also that a substantial part of this trade was, in fact,
trade intended for the enemy countries going through neutral ports by
routes to which it was previously unaccustomed.’
But even more important is the opinion deliberately expressed that
international law, like every other judge-made law, is a live body of
principles which can and must keep abreast of the times. Its rules
are not arbitrarily devised as occasions arise, but are based on
principles which have developed with the progress of the world. Any
apparent changes in the law which Great Britain has introduced are not
arbitrary inventions which have in view merely the crushing of Germany,
but are justified by well-known principles applied to new conditions.
The process of adaptation is no new one. The advent of steam-power had
a notable influence on the development of the law, for the facilities
introduced by steamers and railways, while they simplified the task
of the neutral merchant in contraband, had enormously magnified the
difficulties of the belligerent.
The question in issue can be stated in almost primitive fashion. Are
the rules which governed the rights of belligerents when there were
no railways, to govern them when the transit of contraband over the
frontier of a neutral and a belligerent State has been made so easy?
The answer is not an absolute negative; it is that the old principles
are living principles and are capable of extension to meet the new
occasions.
But to explain the reasons for a step which has already been taken
and to find sound reasons for a step which has to be taken are two
different things. The first requires reasoning power, the second
imagination; and I find this in the position boldly taken up and
courageously insisted on, that the growth in size of ocean liners has
rendered a further amplification of the old rules necessary. They must
be brought into port for examination.
Public-domain text, read in full here on John Shaqi.
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