The Story of the Great War, Volume 5: Battle of Jutland Bank; Russian Offensive; Kut-El-Amara; East Africa; Verdun; The Great Somme Drive; United States and Belligerents; Summary of Two Years' War
History
The Story of the Great War, Volume 5: Battle of Jutland Bank; Russian Offensive; Kut-El-Amara; East Africa; Verdun; The Great Somme Drive; United States and Belligerents; Summary of Two Years' War
World War, 1914-1918
"In order to meet this new difficulty the old principles relating to
contraband and blockade were developed, and the doctrine of continuous
voyage was applied and enforced, under which goods destined for the
enemy territory were intercepted before they reached the neutral ports
from which they were to be reexported. The difficulties which imposed
upon the United States the necessity of reshaping some of the old
rules are somewhat akin to those with which the Allies are now faced
in dealing with the trade of their enemy."
Though an innovation, the extension of the British blockade to a
surveillance of merchandise passing in and out of a neutral port
contiguous to Germany was not for that reason impermissible. Thus that
preceded the British contention, which, moreover, recognized the
essential thing to be observed in changes of law and usages of war
caused by new conditions was that such changes must "conform to the
spirit and principles of the essence of the rules of war." The phrase
was cited from the American protest by way of buttressing the argument
to show that the United States itself, as evident from the excerpt
quoted, had freely made innovations in the law of blockade within this
restriction, but regardless of the views or interests of neutrals.
These American innovations in blockade methods, Great Britain
maintained, were of the same general character as those adopted by the
allied powers, and Great Britain, as exemplified in the _Springbok_
case, had assented to them. As to the American contention that there
was a lack of written authority for the British innovations or
extensions of the law of blockade, the absence of such pronouncements
was deemed unessential. Sir Edward Grey considered that the function
of writers on international law was to formulate existing principles
and rules, not to invent or dictate alterations adapting them to
altered circumstances.
So, to sum up, the modifications of the old rules of blockade adopted
were viewed by Great Britain as in accordance with the general
principles on which an acknowledged right of blockade was based. They
were not only held to be justified by the exigencies of the case, but
could be defended as consistent with those general principles which
had been recognized by both governments.
The United States declined to accept the view that seizures and
detentions of American ships and cargoes could justifiably be made by
stretching the principles of international law to fit war conditions
Great Britain confronted, and assailed the legality of the British
tribunals which determined whether such seizures were prizes. Great
Britain had been informed:
Public-domain text, read in full here on John Shaqi.
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