The Scrap Book, Volume 1, No. 6: August 1906Various
History
The Scrap Book, Volume 1, No. 6: August 1906
Various
Periodicals
A more serious difficulty will arise in agreeing upon some
criterion to determine when articles of dual utility, for
war or peace, may be treated by a belligerent as absolutely
contraband of war.
There is the further question of the prize courts and of the
arrest and seizure by a belligerent's cruisers of neutral
ships and cargoes.
We may expect that another and kindred question will come
before the conference--the question of the immunity from
capture at sea of all non-contraband private property,
whether owned by the citizens or subjects of neutral or
belligerent states.
The Limits of Hospitality.
Another important subject which is likely to attract the
attention of the conference is the question of the
privileges and the limits of hospitality, of temporary
anchorage and asylum, and of the supply and repair of
belligerent war-ships in neutral ports.
It is understood that the subject which has been suggested
for the consideration of the conference is the question of
opening hostilities without previous declaration of war. It
is extremely doubtful whether the conference will attempt to
formulate any rule on so difficult a subject, and one so
intimately connected with the necessities of strategy.
There will be little objection, I imagine, to the view that
no government ought to use force to compel another
government to pay its public securities, its bonds, or other
national obligations which foreigners have voluntarily
purchased or subscribed to and taken.
But it is nearly certain that there will be a division of
opinion on the question whether any inflexible rule should
be laid down with respect to cases of individual foreigners
who have invested large sums of money in the development of
the natural resources of a country, under contract with its
government to do so, if the latter should then flagrantly
violate the contract and despoil them of the fruits of their
enterprises.
The experience had with the practical workings of The Hague
Tribunal suggests the desirability of certain amendments of
the convention of July 29, 1899, such as that only
disinterested arbitrators shall be eligible to seats on the
tribunal; that the arbitration of questions of a judicial
nature and of those concerning the interpretation and
execution of treaties shall be compulsory; that the medieval
idea that a sense of national honor, aside from the rights
of self-defense, can justify resort to war in any case shall
be abandoned, and, workable and in every way admirable as it
now is--when we consider its substance and the circumstances
of its formation--that the time is now ripe for the revision
and recasting of the convention of July 29, 1899.
Whether an international parliament can prevent war without the assistance
of an international police is another story.
Public-domain text, read in full here on John Shaqi.
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