[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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Mr.Bowles asserts it to be "an unquestioned doctrine of the Law of Nations that war abrogates and annuls treaty obligations between belligerents." One would have supposed it to be common knowledge that large classes of treaties are wholly unaffected by war.

Such are, for instance, what are called conventions _transitoires_, because their effect is produced once for all, as in the case of cessions of territory; and, notably, treaties entered into for the regulation of the conduct of war, such as the Geneva Convention, many of The Hague Conventions of 1907, and the Declaration of Paris itself, which Mr.
Bowles appears to think would _ipso facto_ cease to be obligatory between its signatories on their becoming belligerent.
It is a pleasure to be able to agree with Mr.Bowles in his wish that the Naval Prize Bill, if reintroduced, should be rejected, though I would rather say "withdrawn." You have already allowed me (on July 10) to point out that if the Convention and Declaration are to be effectively discussed in Parliament they should be disentangled from that Bill, into which the Convention, and, by implication, the Declaration, have been incongruously thrust.

This practically non-contentious Consolidation Bill, after several times securing the approval of the House of Lords, has hitherto for several years awaited the leisure of the House of Commons, but was suddenly reintroduced last Session, apparently as an unobtrusive vehicle for the new and highly debatable matter contained in the two above-mentioned documents.

May I now repeat my suggestion that "the debatable questions arising under the Convention of 1907 and the Declaration of 1909 should first be threshed out in discussions on a Bill dealing with these questions only; and that the decision, if any, thus arrived at should be subsequently inserted, freed from hypothesis, in the Consolidation Bill"?
I am, Sir, your obedient servant, T.E.HOLLAND.
Oxford, December 28 (1910).
THE DECLARATION OF LONDON Sir,--I have read Professor Westlake's letters upon the Declaration of London with the attention due to anything written by my very learned friend, but, although myself opposed to the ratification alike of the Prize Court Convention and of its complement, the Declaration, do not at present wish to enter upon the demerits of either instrument.
There is, however, a preliminary question upon which, with your permission, I should like to say a few words.

My friend justly observes that in dealing with the Declaration "the first necessity is to know what it is that we have before us"; and he devotes his letter of January 31 to maintaining that the Declaration must be read as interpreted by the explanations of it given to the full Conference by the Drafting Committee, of which M.Renault was president.


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