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
And now the pendulum swings back, and in the doctrine of embargo the
really neutral merchant comes into his own. ‘Embargo’ is the action
taken by a neutral Government in regard to goods which have been
declared to be contraband by one or other of the belligerents; and
the point to be emphasised is that it springs directly out of the
doctrine of ‘continuous voyages.’ In order to prevent neutral ships
destined to its ports with goods which one of the belligerents treats
as contraband being detained and searched at sea, it prohibits the
export of those goods from its own ports. The embargo satisfies the
belligerent that these goods will not go out of the neutral country,
and therefore will not get directly or indirectly into the hands of
the enemy; he therefore feels justified in letting those ships go
free, for the doctrine of ‘continuous voyages’ cannot apply. Now the
reason for the embargo is that the merchants of the neutral country
require the commodity for themselves. Suppose, for example, that
Spanish merchants require copper for their own use; then in order to
ensure cargoes of copper coming direct to Spanish ports without being
interfered with at sea by the search of belligerent cruisers, the
Spanish Government might put an embargo on copper: that is to say,
might prohibit its export. There could be no better evidence that the
Spanish merchants were importing the copper for their own trade, and
that none of it would get through to the enemy. I can therefore best
describe an embargo thus: It is action taken by a neutral Government to
protect those of its merchants who do not desire to engage in trade in
contraband from the consequences which would result from the action of
those who do.
There is only one point in connexion with this doctrine which requires
attention. Is the action thus taken by the neutral Government a breach
of its neutrality to the other belligerent? For, undoubtedly, it does
act favourably to the belligerent who has declared the goods to be
contraband. The answer is simple. Once admit the strict logic of the
doctrine of ‘continuous voyages,’ it follows that an embargo is a
measure neither directed against one belligerent nor imposed to favour
the other. It is simply a measure of self-defence, taken in order to
prevent the national industries from suffering from the undoubted
belligerent right of detention at sea and possible seizure.
There are other occasions in which an embargo may be resorted to, as in
the case of the embargo on rubber imported by Great Britain to which
reference has been made above.[20] That is purely a municipal question
with which international law can have no concern.
_Blockade_
Public-domain text, read in full here on John Shaqi.
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