the analogy.
Continuous voyages.
Trade between neutrals has a prima facie right to go on, in spite of
war, without molestation. But if the ultimate destination of goods,
though shipped first to a neutral port, is enemy's territory, then,
according to the doctrine of "continuous voyages," the goods may be
treated as if they had been shipped to the enemy's territory direct. The
doctrine is entirely Anglo-Saxon in its origin[1] and development. Only
in one case does it seem ever to have been actually put in force by a
foreign prize court, namely, in the case of the "Doelwijk," a Dutch
vessel which was adjudged good prize by an Italian court on the ground
that, although bound for Djibouti, a French port, it was laden with a
provision of arms of a model which had gone out of use in Europe, and
could only be destined for the Abyssinians, with whom Italy was at war.
The Institute of International Law in 1896 adopted the following rule on
the subject:--
"Destination to the enemy is presumed, where the shipment is to one
of the enemy ports, or to a neutral port, if it is unquestionably
proved by the facts that the neutral port was only a state (_etape_)
towards the enemy as the final destination of a single commercial
operation."
During the South African War (1899-1902) Great Britain was involved in
controversy with Germany, who at first declined to recognize the
existence of any rule which could interfere with trade between neutrals,
the German vessels in question having been stopped on their way to a
neutral port.
As stated above, the Second Hague Conference failed to come to any
understanding on contraband, but the subject was exhaustively dealt with
by the Conference of London (1908-1909) on the laws and customs of naval
war, in the following articles:--
ART. 22.--The following articles may, without notice, be treated as
contraband of war, under the name of absolute contraband: (1) Arms of
all kinds, including arms for sporting purposes, and their
distinctive component parts; (2) projectiles, charges and cartridges
of all kinds, and their distinctive component parts; (3) powder and
explosives specially prepared for use in war; (4) gun-mountings,
limber boxes, limbers, military wagons, field forges and their
distinctive component parts; (5) clothing and equipment of a
distinctively military character; (6) all kinds of harness of a
distinctively military charact
|