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
[6] ‘The Government will use all its belligerent rights, whatever they
may be, whether under the Order in Council, or under the law apart from
that Order’ (Lord Robert Cecil, House of Commons, 19th Oct. 1915).
‘The Foreign Office is profoundly anxious to enforce to the utmost our
blockade rights.... Taking the broad results, the blockade of Germany
had been a great success, and not a great failure’ (Lord Robert Cecil,
House of Commons, 2nd Nov. 1915).
[7] The ‘Three Rules’ are contained in Article 6 of the Treaty of
Washington, 1871, by which the settlement of the Alabama claims was
arranged. It provided that: ‘In deciding the matters submitted to the
Arbitrators, they shall be governed by the following three rules, which
are agreed upon by the High Contracting Parties as rules to be taken
as applicable to the case, and by such principles of international law
not inconsistent therewith as the Arbitrators shall determine to have
been applicable to the case. A neutral Government is bound--first, to
use due diligence to prevent the fitting out, arming, or equipping,
within its jurisdiction, of any vessel which it has reasonable ground
to believe is intended to cruise or to carry on war against a Power
with which it is at peace; and also to use like diligence to prevent
the departure from its jurisdiction of any vessel intended to cruise
or carry on war as above, such vessel having been specially adapted,
in whole or in part, within such jurisdiction, to warlike uses.
Secondly, not to permit or suffer either belligerent to make use
of its ports or waters as the base of naval operations against the
other, or for the purpose of the renewal or augmentation of military
supplies or arms, or the recruitment of men. Thirdly, to exercise due
diligence in its own ports and waters, and, as to all persons within
its jurisdiction, to prevent any violation of the foregoing obligations
and duties. Her Britannic Majesty has commanded Her High Commissioners
and Plenipotentiaries to declare that Her Majesty’s Government
cannot assent to the foregoing rules as a statement of principles of
international law which were in force at the time when the claims
mentioned in Article 1 arose, but that Her Majesty’s Government, in
order to evince its desire of strengthening the friendly relations
between the two countries and of making satisfactory provision for the
future, agrees that in deciding the questions between the two countries
arising out of those claims, the Arbitrators should assume that Her
Majesty’s Government had undertaken to act upon the principles set
forth in these rules. And the High Contracting Parties agree to observe
these rules as between themselves in future, and to bring them to the
knowledge of other maritime Powers, and to invite them to accede to
them.’
Public-domain text, read in full here on John Shaqi.
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