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 learned student detects here what appears to be an obvious flaw
in the argument. He has been taught that ‘a blockade must not extend
beyond the ports and coasts belonging to or occupied by the enemy,’ and
that ‘the blockading forces must not bar access to neutral ports or
coasts.’ The first and eighteenth articles of the Declaration of London
have thus summarised the practice. The Government of the United States
has not forgotten those elementary maxims; but it will not let them
interfere with the development of its theory of the ‘long-distance
blockade.’ The principle on which they are based can well be preserved:
‘If the necessities of the case should seem to render it imperative
that the cordon of blockading vessels be extended across the approaches
to any neighbouring neutral port or country, it would seem clear that
it would still be practicable to comply with the well-recognised and
reasonable prohibition of international law against the blockading
of neutral ports by according free admission and exit to all lawful
traffic with neutral ports through the blockading cordon.’
Very frankly, I have my doubts as to the soundness of the American
contention. When this time of warfare is overpast and only its echoes
remain, when another Conference shall assemble at the Hague to
endeavour to read its lessons more surely than its predecessors had
learnt those of previous wars, I doubt whether this new doctrine of
blockade will find much favour; for if it is accepted as an ‘effective
blockade’ the artificial side of the law must also be accepted,
and a temporary withdrawal on account of stress of weather must be
declared not to raise it.[38] But of this I have no doubt, that the
principle on which blockade rests will always be recognised, must
always be recognised because it is a fact--that a belligerent will, and
therefore, as we are used to say, ‘may,’ resort to the final strangling
process whenever he has the power, because he has the power; of this no
arbitrary rules can deprive him. I believe that when things come to
be weighed in the balance, when Time’s just sentence is pronounced, it
will be that the new Order in Council indicates the proper method by
which a belligerent may, in view of the advance in the methods of naval
warfare, now exercise that strenuous and strangling pressure upon the
enemy which in old days he was entitled to do by means of a technical
blockade, and that in the way it deals with the neutral merchant it has
found the correct solution of that part of the problem.
Public-domain text, read in full here on John Shaqi.
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