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
P.S.--I have dealt with the subject on the supposition that all
contracts are made after the declaration of war. But much foreign
trade is carried on by ‘long-distance’ contracts, and neutral merchants
who have entered into continuing contracts before the War would seem to
demand special attention, for their eyes were not open, and the risk of
seizure by a belligerent has caught them awares. Speaking generally, it
is here that the consideration shown to the neutral merchant by Great
Britain may find full scope for action. But I admit quite frankly that
so much of my argument as is personal to the neutral merchant does
not apply to this category. On the other hand, the law of contraband,
with its adjunct the doctrine of ‘continuous voyages,’ and the law
of blockade, as they have been understood in the past, do not exempt
them from the rigours of their operation. Yet the fact remains that
the new development of the law does impose upon them greater risks
than they ran heretofore, and a protest specially devoted to their
hard case would, I imagine, if it were limited to contracts relating
to non-contraband and to contracts not made with the enemy Government,
receive careful consideration.
III
_COTTON AS CONTRABAND OF WAR_
[_September 1915_]
Cotton proclaimed Contraband of War--Public Demand for the
Proclamation--The answer to the Critics of the Government--‘Continuous
voyages’ and the Order in Council--Possible combination of Contraband
and Blockade--American reply to Austrian Note.
Raw cotton has been proclaimed contraband of war.[48] I may therefore
fill in a blank space in what I have written in the previous articles
on the law of contraband of war and the law of blockade. It was
obviously impossible while the matter was, as it were, _sub judice_,
to point the moral of the doctrine advanced in those articles--which
I believe to be most sound doctrine--that ‘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,’[49] by a
reference to the ‘cotton question.’ But I am free to do so now.
_Public Demand for Cotton to be made Contraband of War_
I must confess that the movement, of which the Proclamation is the
outcome, in its later stages has filled me with amazement; more
especially the way in which, the object attained, the announcement of
its issue has been received. A sigh of relief has gone up: ‘At last!’
it is said, ‘the Government has given way, and the step has been taken
which should have been taken at the beginning of the War.’ There is a
gratified assumption that those who have fought the good fight have
triumphed over a stubborn lot of procrastinating and incompetent
Ministers. Some even suggested, when the decision was announced, that
a wicked Government might, after all, only make cotton conditional
contraband, for was it not a Government prone to subterfuge?
Public-domain text, read in full here on John Shaqi.
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