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 great friendliness of its tone cannot but be grateful to us; yet
in this short sentence all the fallacies and misconceptions of the
real nature of the neutral merchant’s position are concentrated. I
have endeavoured to show that we have claimed to exercise a right
which a fuller examination of admitted principles shows to be entirely
warranted, that the only thing which stands in the way of the prompt
admission of its legality is a popular conception of belligerent rights
which unduly confines them within limits which have proved themselves
to be impossible in modern conditions of war. Law once was the handmaid
of commerce: she has long since become its mistress. But what, for
want of a better name we call international law is still in a state
of servitude. If its doctrines are to be treated as intelligible they
must be considered as a continuous development springing from, and as
the inevitable consequence of, the first cause, that two nations are
at war. Then War becomes the key-note, subdominant, dominant, leading
note, every note of the scale of action throughout the world, and
the neutral merchant cannot pitch the tune as it may best suit his
interests.
Is then the justification for the new procedure of the Order in Council
an ultimate reference to Might is Right? Have I, following far behind
the United States Government in the strenuousness of the law as I have
formulated it, found also a justification for the German who relies
on Might without troubling to assert the Right? Surely not. I have
striven to base the whole law and every part of the law as it affects
the neutral merchant on the plain fact that all exercise of might
against the enemy, so long as it comes within the laws of humanity and
the rules of war, is justifiable, and the omission of it mere folly,
and that it is not limited by considerations of time and space; and on
this still plainer fact that the exercise of might against the enemy
engenders ‘right’ against such neutral merchants as do, of their own
free will and with eyes open, bring themselves within the scope of it.
* * * * *
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account