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
There has also been, even in very responsible quarters, some rather
confused talk to the effect that the result of the contraband
Proclamation is to ‘improve our international legal position.’ If
this means anything it implies acquiescence in the American argument
that the Order in Council is not warranted by international law. Such
an argument, as I have already said, is more than inopportune at the
present time; those who use it would, I presume, be pleased to see
the Order in Council revoked altogether. I trust, on the other hand,
that nothing that I have said will be construed to suggest that the
Government in yielding to the clamour of the critics has issued a
futile Proclamation. Yet it is impossible to imagine that Ministers
have lost faith in the virtue and efficacy of the Order in Council.
The latest statement in Parliament, by Lord Robert Cecil, which I have
already referred to, shows that they have not. The Proclamation does,
as I have shown, strengthen the position in some slight measure; but
there is a well-known form of legislation often resorted to ‘for the
quieting of doubts,’ which does not give away the situation. Such I
believe this Proclamation to be.
But for the sake of the science of international law, in the
preservation of which both the British and the American Governments
are profoundly interested: for the sake of that cardinal principle
that as weapons of war increase in their power of destruction so must
the belligerent might and right also increase, and new means must be
found for keeping the new manifestations of sea-power within the old
principles: for the sake of our duty of loyal belief that the Order in
Council has devised those means in most legitimate fashion, let not the
critics of the Government, learned or unlearned though they be, lay the
flattering unction to their souls that they have won a famous victory.
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