FREE BOOKS

Author's List




PREV.   NEXT  
|<   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144  
145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   >>   >|  
es were adopted which figure in the "Convention on restrictions in the right of capture" (No. 11 of the series as set out in the General Act, see Peace Conference). They are as follows:-- ART. I.--The postal correspondence of neutrals or belligerents, whatever its official or private character may be, found on the high seas on board a neutral or enemy ship is inviolable. If the ship is detained, the correspondence is forwarded by the captor with the least possible delay. The provisions of the preceding paragraph do not apply, in case of violation of blockade, to correspondence destined for, or proceeding from, a blockaded port. ART. II.--The inviolability of postal correspondence does not exempt a neutral mail ship from the laws and customs of maritime war as to neutral merchant ships in general. The ship, however, may not be searched except when absolutely necessary, and then only with as much consideration and expedition as possible. Foodstuffs and pre-emption. As regards food-stuffs Great Britain has long and consistently held that provisions and liquors fit for the consumption of the enemy's naval or military forces are contraband. Her Prize Act, however, provides a palliative, in the case of "naval or victualling stores," for the penalty attaching to absolute contraband, the lords of the admiralty being entitled to exercise a right of pre-emption over such stores, i.e. to purchase them without condemnation in a prize court. In practice, purchases are made at the market value of the goods, with an additional 10% for loss of profit. On the continent of Europe no such palliative has yet been adopted; but moved by the same desire to distinguish unmistakable from, so to speak, constructive contraband, and to protect trade against the vexation of uncertainty, many continental jurists have come to argue conditional contraband away altogether. This change of opinion has especially manifested itself in the discussions on the subject in the Institute of International Law, a body composed exclusively of recognized international jurists. The rules this body adopted in 1896, though they do not represent the unanimous feeling of its members, may be taken as the view of a large proportion of them. The majority comprised German, Danish, Italian, Dutch and French specialists. The rules adopted contain a clause, which, after declaring conditional contraband abolished, states t
PREV.   NEXT  
|<   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144  
145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   >>   >|  



Top keywords:

contraband

 

correspondence

 

adopted

 
neutral
 
conditional
 

palliative

 

stores

 

emption

 
provisions
 

jurists


postal
 

continent

 

profit

 

clause

 

Europe

 

constructive

 

protect

 

unmistakable

 
distinguish
 

desire


condemnation

 

abolished

 

states

 

purchase

 

practice

 

market

 

purchases

 

declaring

 

additional

 

vexation


composed

 

International

 
proportion
 

comprised

 

majority

 

subject

 

Institute

 
exclusively
 
recognized
 

represent


unanimous

 
feeling
 

international

 

members

 
discussions
 
French
 

continental

 

uncertainty

 

Italian

 

German