FREE BOOKS

Author's List




PREV.   NEXT  
|<   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105  
106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   >>   >|  
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
PREV.   NEXT  
|<   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105  
106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   >>   >|  



Top keywords:
neutral
 

German

 

doctrine

 

contraband

 

destination

 
belligerent
 
Buelow
 

liable

 
plying
 

carrying


points

 

asserts

 
ammunition
 

offense

 
Government
 

interference

 
applied
 
Lawrence
 

Trieste

 

standard


Jutland

 

manner

 

necessarily

 

secure

 

Footnote

 

follow

 

Italian

 

constitute

 

hindrance

 

French


arsenals

 
carried
 

voyage

 

Antwerp

 

Germany

 
practically
 

harbors

 
munitions
 

essential

 
position

enunciated
 

speech

 
justice
 
system
 

thinks

 

general

 
proposed
 

tendency

 
statement
 

result