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
[8] This is expressly declared by Article 7 of the Hague Convention
of 1907, No. 13, ‘respecting the Rights and Duties of Neutral Powers
in Maritime War,’ which is as follows:--‘A neutral Power is not bound
to prevent the export or transit, for either belligerent, of arms,
munitions of war, or, in general, of anything which could be of
use to an army or fleet.’ The full meaning of this article is made
specially clear by its juxtaposition with Article 6, which provides
that ‘The supply, in any manner, directly or indirectly, of war-ships,
supplies, or war material of any kind whatever, by a neutral Power to a
belligerent Power, is forbidden.’
[9] _Letters of Historicus_, p. 121:--‘The recent unfortunate evasion
of the _Alabama_ has given rise to much discussion on the general duty
of a neutral Government with respect to the trade of its own subjects
with the belligerents in contraband of war. One might have supposed
that if there were any question which the authority of accredited
writers, the definitions of public documents, and the universal
practice of nations, had clearly and decisively ascertained, it was
this very question on which, unhappily, there seems to prevail a
most general and unfortunate misapprehension. This misapprehension,
grave as it is in the exasperation which it is calculated to produce
between friendly nations, is not altogether inexplicable. We have
the misfortune to live in days when, in the name of liberalism,
philanthropy, and civilisation, we are invited to upset the whole
fabric of international law which the reason of jurists has designed
and the usage of nations has built up, and to rear upon its ruins the
trumpery edifice of a shallow caprice. It is the old story of that
pretentious philosophy which, by a recurrence to first principles,
attempted with so little success to operate the regeneration of
mankind. I would that we had yet among us the multitudinous eloquence
of Burke or the poignant wit of Canning to do condign justice upon this
presumptuous sciolism.’
[10] This was generally accepted as a fact at the time this article was
written. It must, however, now be noted that the Captain of the _Emden_
has denied it.--_F. T. P._
[11] Wallace’s (U.S.) Reports, p. 514.
[12] A sketch of the view of international law presented in this
article appeared in some letters by the present writer to the _Daily
Dispatch_.
[13] The Earl of Crawford, in the debate in the House of Lords on
Naturalisation, 6th January, 1915.
[14] Cited, _Letters of Historicus_, p. 127. The quotation comes from
Galiani, but is cited by Azuni with approval. He wonders how Galiani,
having enunciated so sound a doctrine, could derive from it the unsound
conclusions which he successfully combats.
[15] See the quotation from Azuni, cited _Letters of Historicus_, pp.
126-131:--‘Whatever may be the other demerits of Azuni’s work, his
doctrine on this point is unquestionably sound, and the reasons which
he adduces are unimpeachably accurate--
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