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
But ‘quick returns make rich merchants,’ whether they result from
small profits or large. And in war-time the neutral merchant, being
a mere man of commerce, appears to be quite ready to ‘pay for the
boundless gain’ which the sale of munitions gives him by taking the
‘boundless risk’ of seizure and condemnation, keeping the property in
his cargoes while they are on the high seas. Should disaster follow,
there is always ‘the Government’ to fall back on; and if only it can
be persuaded to wave the banner of ‘neutral rights’ with sufficient
dexterity, the chances are in favour of compensation. Now, if all
neutral merchants would take Reason for their guide the Declaration
of Paris would reveal hitherto unsuspected virtues. Let me commend
the following brief articles to the consideration of the diplomatic
professors at the next Hague Conference: First--‘For the future
avoidance of tortuous discussions so common in the past, the law of
contraband, and so much of the law of blockade as affects neutral
merchants, are hereby abolished, and all contracts for the sale of all
goods whatsoever made between neutral and belligerent merchants shall
for all purposes be deemed to be contracts f.o.b.’ Secondly--‘For the
greater peace of the world, and the prevention of those financial
difficulties hitherto so commonly resulting to private individuals from
war, it is agreed that “free ships make free goods”; so only that such
free ships, whatever be their cargoes, whatever be their destination,
may be taken by either belligerent, without undue show of force or
unnecessary use of explosives, into his nearest port, there to abide
the decision of a Prize Court whether they be goods designed for the
use of the enemy forces; and, if it be shown to the satisfaction of
the Court that they be not so designed, then they shall be declared to
be “free goods,” and if the person entitled thereto be a neutral they
shall be delivered up to him on such conditions as the Court shall
think just; but if he be an enemy, other than the enemy Government,
then they shall be held until the conclusion of peace, when they shall
be delivered up.’
Public-domain text, read in full here on John Shaqi.
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