[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link bookLetters To """"The Times"""" Upon War And Neutrality (1881-1920) CHAPTER VII 3/110
Its hands are absolutely free.
It may remain a quiescent spectator of evil, or, if strong enough and indignant with the wrongdoing, may endeavour to abate the mischief by remonstrance, and, in the last resort, by taking sides against the offender.
Let us hope that at the present crisis the United States may see their way to choosing the better part. I am, Sir, your obedient servant, T.E.HOLLAND. Oxford, November 28 (1915). * * * * * SECTION 2 _The Duties of Neutral States, and the Liabilities of Neutral Individuals, distinguished_ The duties of neutral States have been classified by the present writer under the heads, of "Abstention," "Prevention," and "Acquiescence." (_Transactions of the British Academy_, vol.ii, p.
55; reproduced in the _Revue de Droit International_, the _Revista de Derecho International_, and the _Marine Rundschau_.) In the three letters which follow, an attempt is made to point out the confusion which has resulted from failure to distinguish between the two last-mentioned heads of neutral duty; on the one hand, namely, the cases in which a neutral government is bound itself to come forward and take steps to prevent certain classes of action on the part of belligerents, or of its own subjects, e.g.the overstay in its ports of belligerent fleets, or the export from its shores of ships of war for belligerent use; and, on the other hand, the cases in which the neutral government is bound only to passively acquiesce in interference by belligerents with the commerce of such of its subjects as may choose, at their own risk and peril, to engage in carriage of contraband, breach of blockade, and the like. I.A neutral State is bound to prevent its territory from becoming, in any way, a "base of operations" for either belligerent.
Of the various obligations thus arising, the following letters deal with the duty of the State (1) to prevent the departure from its ports of vessels carrying coal intended to supply directly the needs of a belligerent fleet; and (2) to prevent the reception accorded in its ports to belligerent warships from being such as will unduly facilitate their subsequent operations.
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