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
At last we have the real issue. Assume everything in our favour: that
our blockading cruisers are rightly standing far out to sea; that
we should be justified in condemning the cargoes seized instead of
returning them to the persons lawfully entitled thereto: the United
States denies that its own particular doctrine of ‘continuous voyages’
can apply to a ‘long-distance blockade.’ And here undoubtedly the
books seem to be in its favour, for the rule they give, embodied
in Article 19 of the Declaration of London, is shortly this: the
doctrine of ‘continuous voyages’ does not apply to a blockade. This
is the logical consequence of the principle to which I have already
referred; that the blockading forces must not bar access to neutral
ports, because the doctrine of ‘continuous voyages’ expressly deals
with cargoes on vessels bound for neutral ports. But it would seem to
follow that with the disappearance of the offing from the definition of
‘blockade,’ and the consequent legitimate interference with access to
neutral ports, the application of the doctrine of ‘continuous voyages’
must follow as a matter of course. The fact is that the United States
Government has not fully counted the cost of its own admission. As I
have already shown, once the theory of the ‘long-distance blockade’
is admitted the principle of non-discrimination, a legal nicety
appurtenant to the old blockade, goes by the board, because geography
compels an involuntary discrimination against neutral countries which
are outside the cordon; so it is clear that this other principle of
non-application of the doctrine of ‘continuous voyages’ to blockade
must also go by the board, because it is the result of principles
specially applicable to the old blockade.
The doctrine of ‘continuous voyages’ holds no precious mystery; it
never meant more than this: that what the neutral trader cannot do
directly without running the risk of seizure and condemnation he cannot
do indirectly without running that risk. And whereas, as has been
shown, the right to blockade the enemy is in principle no more than
the right indefinitely to extend the list of contraband of war against
the neutral trader, this must apply equally whether cargoes are going
directly or indirectly to the enemy.[46]
Public-domain text, read in full here on John Shaqi.
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