The Laws Of War, Affecting Commerce And Shipping eBook

This eBook from the Gutenberg Project consists of approximately 125 pages of information about The Laws Of War, Affecting Commerce And Shipping.

The Laws Of War, Affecting Commerce And Shipping eBook

This eBook from the Gutenberg Project consists of approximately 125 pages of information about The Laws Of War, Affecting Commerce And Shipping.

SHIPS. 
  National Character of, 29
  Sale and purchase of, by Neutrals, 75
  Not restored on recapture, if set forth as Ships of War, 65

SAFE-CONDUCTS, 54

SALVAGE IN WAR, 64

SEARCH, RIGHT OF, 90

TRADE. 
  With the Enemy unlawful, 8
  Not permitted with Enemy, except under Royal Licence, 10
  Subjects of an Ally cannot trade with Enemy, 11
  Trading with the Enemy punishable, 19
  Hostile Character acquired by Trade, 27
  See also Licences, Contraband, &c.

WAR. 
  Solemn, 1
  How commenced, 3
  Objects of, 31
  Maritime, Objects of, 34
  Limitations of the right of making War, 35

POSTSCRIPT.

Since the completion of the Second Edition of this work, two very important Orders in Council, (dated April 15th, 1854,) have been published.  Before proceeding to explain the intended effect of these Orders, it will be well to state that the consent of both the Allies of England in this war is necessary to give full validity to the Orders.

It is a very old principle that, during a conjoint War, no subject of an ally can trade with the common enemy without liability to forfeiture, in the prize courts of the ally, of all his property engaged in such trade.  This rule can be relaxed only by the permission of the allied nations, according to their mutual consent.[212]

Lord Stowell lays down the principle in much broader terms, thus—­

“It has happened, since the world has grown more commercial, that a practice has crept in of admitting particular relaxations; and if one state only is at war, no injury is committed to any other state.  It is of no importance to other nations how much a single belligerent chooses to weaken and dilute his own rights; but it is otherwise when allied nations are pursuing a common cause against a common enemy.  Between them it must be taken as an implied, if not an express contract, that one state shall not do anything to defeat the general object.  If one state admits its subjects to carry on an uninterrupted trade with the enemy, the consequence may be that it will supply aid and comfort to the enemy; especially if it is an enemy very materially depending on the resources of foreign commerce, which may be injurious to the prosecution of the common cause, and the interests of its ally.  It should seem that it is not enough, therefore, to say that one state has allowed this practice to its own subjects; it should appear to be at least desirable, that it could be shown that the practice is of such a nature that it can in no way interfere with the common operations, or that it has the allowance of the confederate state."[213]

Trade with the enemy has always been held to be a

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The Laws Of War, Affecting Commerce And Shipping from Project Gutenberg. Public domain.