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
sea-power by which both rights are enforced. So we get to this result:
that when there is a cordon of cruisers the belligerent may seize
anything, but when there are only isolated ships he may only seize
contraband of war.
This test ceases to be rudimentary when we introduce another factor
common to the two subjects--effectiveness. That the belligerent’s naval
dispositions must be capable of doing what he proposes to do--in other
words, must be effective to that end--is no less a feature of the
law of contraband than it is of blockade. Carrying contraband of war
and blockade-running are not offences; the evil consequences, which
authors insist on calling ‘penalty,’ result from capture. Therefore
in both cases what the belligerent _may_ do is only qualified by
what he _can_ do. That sub-conscious recognition of the possibility
that a belligerent may put far greater impediments in the way of
neutral communications with his enemy than is implied in the law of
contraband, becomes now the conscious principle which I gave in
outline in the first article: that ‘contraband of war’ and ‘blockade’
are identical in principle; that they are merely convenient names
given to varying exhibitions of sea-power against the enemy, and the
consequences, to enemy and neutral merchant alike, do in fact depend
on and vary with the force exhibited--that is, with the number and
position of the ships employed upon the service, which, if effectively
performed, results in both cases in seizure and condemnation.
Blockade in principle is, therefore, nothing more than an indefinite
extension of the list of contraband of war, subject only to the
requirement that a sufficient number of ships should be placed in
such a position as to make this extended threat of seizure effective.
This then is practically what the Order in Council does; and even if
it insisted on condemnation in all cases it would be justified, for
it satisfies the test which this analysis shows to be the true test,
and the only test, that the ships employed upon the service, both as
regards number and position, shall be effective for its due performance.
Public-domain text, read in full here on John Shaqi.
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