[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link book
Letters To """"The Times"""" Upon War And Neutrality (1881-1920)

CHAPTER VII
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22, 36, 39, 55, 58, 80, 90, 92, 148, 149, 154, 155, 156, 158, 163, 164, 174, 181, 191, 193, 194, 195, 196.
See also my paper upon _Proposed Changes in the Law of Naval Prize_, read to the British Academy on May 31, 1911, _Transactions_, vol.v., of which a translation appeared in the _Revue de Droit International_, N.S., t.

xiii, pp.

336-355.
THE DECLARATION OF LONDON Sir,--The questions put last night by Mr.M'Arthur need, perhaps, more fully considered answers than they received from Mr.McKinnon Wood.
With reference to the first answer, it may be worth while to point out that, in Art.

66 of the Declaration, the Powers undertake not only, as in the passage quoted, "to give the necessary instructions to their authorities and armed forces," but also "to take the measures which may be proper for guaranteeing the application of the rules Contained in the Declaration by their Courts, and, in particular, by their Courts of Prize." The "authentic commentary" upon the article in M.Renault's "Report" explains that the measures in question "may vary in different countries, and may or may not require the intervention of the Legislature." The second answer lays down broadly that "the decisions of the British Prize Courts are founded on International Law, and not on municipal enactments." Our Prize Courts have, no doubt, on most points, decided in accordance with International Law, in the sense of the principles generally followed by civilised nations; but, on not a few points, in accordance with the British view of what is, or ought to be, International Law, in opposition to views persistently maintained by other countries--e.g.

with reference to the moment from which a blockade-runner becomes liable to capture.


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