he 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. The fact is that, whatever
grandiloquent language may have been judicially employed by Lord Stowell
in a contrary sense, it will now hardly be denied that a Prize Court
sits by national, not international, authority, and is bound to take the
view of International Law which, if any, is prescribed to it by the
constitutionally expressed will of its own Government.
The Declaration of London is in many ways a great achievement; but one
is glad to learn from Mr. McKinnon Wood's third answer that opportunity
will be given for discussing all important points in connexion with its
rules.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, March 30 (1909).
THE DECLARATION OF LONDON
Sir,--Both the Prize Court Convention of 1907 and its complement, the
London Declaration of 1909, stand greatly in need of full and
well-informed discussion before receiving the Parliamentary approval
which ought to be a condition precedent to the ratification of either of
them. It is well, therefore, that many Chambers of Commerce have called
the attention of Government to the detriment to British interest which
may in their opinion result from these agreements if ratified, although
the representations thus made exhibit, in some cases, so little
technical knowledge as to have been readily disposed of by the Foreign
Secretary. For the same
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