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
I have talked of the belligerent right of seizure. But civilised
nations, recognising that in the most elementary statement of the case
not all neutral cargoes even with an enemy destination are liable to
seizure, have realised the necessity of establishing a tribunal by
which this question of liability and consequent confiscation can be
decided. With the right of some cargoes to escape there came into
being at once the duty of withdrawing the decision from the summary
process which the sailor would inevitably adopt. The question of
liability might be a complicated one of fact: law might be involved: a
Court was essential. But as to its constitution there were only three
alternatives: enemy judges, obviously impossible; neutral judges,
or an international Court, not very practicable; there remained
nothing but judges of the belligerent country. Hence the anomaly of
the Prize Court sitting in the seizing country’s territory, presided
over by judges of that country. An anomaly, because it is contrary to
the elementary rule that no man shall be a judge in his own cause;
yet the judgment of a Prize Court is a judgment _in rem_; it passes
property, and is accepted as binding against all the world by the
Courts of all other countries. There have been in the past complaints
of the decisions; sometimes they have been followed by diplomatic
representations. But in these times when--I imagine for the first
time in history--a civilised Government has been deliberately charged
with having recourse to lying, it surely is a bright spot in the
international horizon to think that the system of Prize Courts has
produced judges who, as the world has recognised, have been among the
greatest.
* * * * *
But the detention of neutral ships at sea, and the seizure of the
contraband that they carry to the enemy, can be put much higher than a
mere belligerent right; nor does it spring solely from the vindictive
principle that the neutral aiding the enemy becomes an enemy; it is
based on the supreme right of self-defence. It is the inevitable
counterpoise to the right of the neutral merchant to continue trading,
even in contraband, in spite of war. The importance of this trading
right to the neutral merchant is the measure of the importance of this
defensive right to the belligerent.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account