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
A belligerent nation has been conceded the right of visit and search,
and the right of capture and condemnation if upon examination a
neutral vessel is found to be engaged in unneutral service or to be
carrying contraband of war intended for the enemy’s Government or
armed forces. It 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. It is even conceded
the right to detain and take to its own ports for judicial examination
all vessels which it suspects for substantial reasons to be engaged in
unneutral service, and to condemn them if the suspicion is sustained.
But such rights, long clearly defined both in doctrine and practice,
have hitherto been held to be the only permissible exceptions to the
principle of equality of sovereignty on the high seas as between
belligerents and nations not engaged in war.
If the rights of the neutral merchant are no greater than I have
stated them in the first article, and he acts at his own peril and
is entirely independent of his own Government, and if the rights of
the belligerents are as large as I have there stated them, then it
follows that there can be no question of ‘concession’ by the neutral
merchant’s Government, in regard to either contraband or blockade, but
only an assertion of belligerent right,[40] and all questions as to the
sovereignty of that Government over its merchants’ ships disappear.
When the neutral merchant is carrying contraband, or when he is
blockade-running, he deliberately runs his risk, and therefore cannot
claim the protection of his flag.
Public-domain text, read in full here on John Shaqi.
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