[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 35/110
11-14; the "Admiralty Instructions" of 1900, Arts. 97, 98, and the appended "Special Declaration" as to the articles considered to be contraband (partly modelled on the list of 1877); the "Imperial Order" of February 28, 1904, rule 6 (this Order keeps alive the rules of 1895 and 1900, except in so far as they are varied by it); the "Order" of March 19, 1904, defining "food" and bringing machinery of certain kinds into the list of contraband; the "Order," of April 21, 1904, bringing "raw cotton" into the list; and, lastly, the "Instructions" of September 30 and October 28, 1904, recognising, in effect, a class of "conditional" contraband, placing foodstuffs in this class, as also, ultimately, other objects "capable of warlike use and not specified in sections 1-9 of rule 6." T.E.H. Temple, July 1 (1905). COTTON AS CONTRABAND Sir,--Your correspondent "Judex" will rejoice, as I do, that cotton has now been declared to be "absolute contraband." May I, however, suggest that the topic should be discussed without any reference to the fortunately unratified Declaration of London, that premature attempt to codify the law of maritime warfare, claiming, misleadingly, that its rules "correspond in substance with the generally recognised principles of international law"? It is surely regrettable that, by the Order in Council of August 20, 1914, our Government adopted the provisions of the Declaration "during the present hostilities," and "subject to various additions and modifications," the list of which has since been considerably extended. This half-hearted course of action painfully recalls certain vicious methods of legislation by reference, and was additionally uncalled for, since, as has been shown by recent events, about two-thirds of the rules laid down by the Declaration are inapplicable to modern warfare. The straightforward announcement made by the United States in their Note of January 25 is surely far preferable.
It states in plain terms that, "As the Declaration of London is not in force, the rules of international law only apply.
As to articles to be regarded as contraband there is no general agreement between nations." In point of fact, the hard-and-fast categories of neutral imports, suggested by the threefold Grotian division, as set forth in the Declaration, are unlikely ever to be generally accepted.
Even Grotius is careful to limit his proposals, and Bynkershoek, in commenting upon them, points out that the test of contraband of the most noxious kind must be the, possibly exceptional, importance of objects for hostile use; their being of use also for non-hostile purposes being immaterial ("nec interesse an et extra bellum usum praebeant").
The application of these remarks to the case of cotton is sufficiently obvious. I am, Sir, your obedient servant, T.E.HOLLAND. Oxford, August 23 (1915). JAPANESE PRIZE LAW Sir,--I hope you will allow me space for a few words with reference to some statements occurring to-day in your Marine Insurance news which I venture to think are of a misleading character. Your Correspondent observes that-- "Although the Japanese are signatories to the Treaty of Paris, it should not be forgotten that they haw a Prize Court Law of their own (August 20, 1894), and are more likely to follow its provisions, in dealing with the various captured steamers, than the general principles of the Treaty of Paris." Upon this paragraph let me remark:-- 1.
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