novation. As applied, or attempted to be applied, by
Great Britain in 1900 to trade between neutral ports at a time when no
blockade existed or was in fact possible, it failed to receive the
acquiescence of other nations who were interested. The discussion,
however, rendered, apparent a clear line of cleavage between English
practice and Continental opinion.
Mr. Lawrence characterizes as "crude" the doctrine of the German
Chancellor, that neutral ships plying between neutral ports are not
liable to interference; that, in order for the ship to be legitimately
seized, there must be contraband on board, that is, goods bound for a
belligerent destination, and that this could not occur where the
destination was a neutral port and the point of departure a neutral
port. He declares that if this doctrine were accepted the offense of
carrying contraband "might be expunged from the international code;"
that "nothing would be easier for neutrals than to supply a belligerent
with all he needed for the prosecution of his war."[38] He points out
the danger of the acceptance on the part of the Powers of such a
doctrine by citing the hypothetical case of France engaged in war, and
asserts that under such circumstances even arms and ammunition might be
poured into the neutral port of Antwerp and carried by land to the
French arsenals. If Germany should be at war, munitions of war might be
run in with practically no hindrance through the neutral harbors of
Jutland. If Italy were at war, Nice or Trieste might be used in the same
manner for the Italian Government to secure arms and ammunition.
[Footnote 38: Principles of Int. Law, 3d Ed., p. 679.]
Possibly Mr. Lawrence does not do full justice to the points taken by
the German Government as enunciated in the speech of Count Von Buelow,
although he clearly indicates what he thinks the general tendency of the
proposed German system of law would be. It would seem that he does not
give a clear statement of the German doctrine. When he asserts that
"Count Von Buelow committed himself to the crude doctrine that neutral
ships plying between neutral ports would not be liable to interference,"
the inference is not a necessary result of the German position. Nor does
it necessarily follow according to the German standard that, "to
constitute the offense of carrying contraband a belligerent destination"
is "essential, and therefore there" can "be no contraband when the
voyage" is "from neutral po
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