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
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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, first, I venture to contest the main doctrines on which the
criticism of the Order rests.[32] I deny that a belligerent nation
has been _conceded_ ‘the right of visit and search, and the right of
capture and condemnation’ of neutral ships engaged in unneutral service
or carrying contraband for the enemy. I deny that a belligerent nation
has been _conceded_ ‘the right to establish and maintain a blockade
of an enemy’s ports and coasts and to capture and condemn any vessel
taken in trying to break the blockade.’ On the contrary, I assert that
these are _belligerent rights_ which may be _asserted_ and exercised
against the neutral merchant whose vessels are engaged in rendering
those services to the enemy: that consequently ‘a nation’s sovereignty
over its own ships and citizens under its own flag on the high seas’
does suffer ‘diminution in times of war’ to the full extent to which
a belligerent exercises those rights: and that to this extent ‘the
equality of sovereignty on the high seas’ finds no place in war. And
I further contend that the proposition, to the establishment of which
all the argument of the Protest tends--that ‘innocent shipments may
be freely transported to and from the United States through neutral
countries to belligerents’ territory’ without risk of seizure and
confiscation--is not true when one of the belligerent Governments
has declared its intention of stopping all shipments, and has taken
effective steps to enforce that intention. If the proposition were
true in these circumstances the Order in Council would be a breach of
international law.
_Application of the Law of Vendor and Purchaser_
Before making good this position a preliminary point raised by the
Protest must be dealt with--the bearing of the Declaration of Paris
on the question. Even the learned must have been somewhat confused
by the isolated, almost casual, reference to one of its rules--‘Free
ships make free goods’; or to be more accurate, ‘The neutral flag
covers enemy’s goods, with the exception of contraband of war.’ Its
relation to the context is more than obscure, for this rule applies to
the seizure of _enemy property_, whereas the doctrines on which the
law of contraband and the law of blockade rest apply to the seizure of
_neutral property_. It is clear, therefore, that there are two very
distinct planes of thought, and we cannot step lightly from one to the
other without putting in peril the logical structure of the discussion.
‘The rules of the Declaration of Paris of 1856, among them that free
ships make free goods, will hardly at this day be disputed by the
signatories of that solemn agreement.’
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