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 ascending scale is easier for purposes of study; the mind
grasps smaller things more easily, and they prepare the way for the
appreciation of the greater things. But it is not by a process of
logical development that we reach blockade after a study of contraband.
Blockade is treated last more conveniently because it involves the
greatest development of force against the enemy; but it would have been
more logical to have begun at the other end of the scale, starting
with the greatest exhibition of force, and letting the series of
rules emerge in diminishing strength. In view of what remains to be
said, it is of great importance to appreciate that the incarnation
of sea-power, blockade, which cuts the enemy off absolutely from the
outer world, lies at one end of the scale of what one belligerent may
do to the other, and the seizure of contraband on a neutral ship going
to an enemy port, which cuts the enemy off but partially, lies at the
other end. There can then be no difficulty in justifying what comes in
between.
But the most curious point is that it is only when we come to the
recognition of this extreme manifestation of force that we meet with
artificial rules. A blockade must be ‘effective.’ Yet this word, as
to the meaning of which in its ordinary use there can be no doubt, is
given in treaties and by the authorities a wholly artificial meaning.
Sometimes it includes the exact contrary to effectiveness, as that
‘A blockade is not regarded as raised if the blockading force is
temporarily withdrawn on account of stress of weather’[21]: during
which the adventurous skipper may run in. It is not necessary to labour
the point; but it is necessary, when measures short of ‘blockade’ have
been taken by England, that the full extent of what blockade pressure
upon neutral trade means should be understood.
In order to determine what characterises a blockaded port, that
denomination is given only where there is, by the disposition of the
Power which attacks it with ships, stationary or sufficiently near, an
evident danger in entering.[22]
A blockade [by cruising squadrons allotted to that service, and duly
competent to its execution] is valid and legitimate, although there be
no design to attack or reduce by force the port or arsenal to which it
is applied, and that the fact of the blockade, with due notice given
to neutral Powers, shall affect not only vessels actually intercepted
in the attempt to enter the blockaded port, but those also which shall
be elsewhere met with and shall be found to have been destined to such
port, with knowledge of the fact and notice of the blockade.[23]
These two quotations embody the principles of the English prize law.
Article 17 of the Declaration of London contains a modification of
them, and provides that ‘neutral vessels may not be captured for breach
of blockade except within the area of operations of the war-ships
detailed to render the blockade effective.’
Public-domain text, read in full here on John Shaqi.
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