ace manifestly difficult and dangerous."[2]

In 1826 and 1827 Great Britain as well as the United States asserted
that blockades in order to be binding must be effective. This became
gradually the recognized view, and when in 1856 the powers represented
at the congress of Paris inserted in the declaration there adopted that
"blockades in order to be binding must be effective, that is to say,
maintained by a force sufficient really to prevent access to the coast
of an enemy," they were merely enunciating a rule which neutral states
had already become too powerful to allow belligerents to disregard.

Blockade is universally admitted to be a belligerent right to which
under international law neutrals are obliged to submit. It is now also
universally admitted that the above-quoted rule of the Declaration of
Paris forms part of international law, independently of the declaration.
Being, however, exclusively a belligerent right, it cannot be exercised
except by a belligerent force. Even a _de facto_ belligerent has the
right to institute a blockade binding on neutrals if it has the means of
making it effective, though the force opposed to it may treat the _de
facto_ belligerent as rebels.

It is also admitted that, being exclusively a belligerent right, it
cannot be exercised in time of peace, but there has been some
inconsistency in practice (see PACIFIC BLOCKADE) which will probably
lead governments, in order to avoid protests of neutral powers against
belligerent rights being exercised in mere coercive proceedings, to
exercise all the rights of belligerents and carry on _de facto_ war to
entitle them to use violence against neutral infringers. This was done
in the case of the blockade of Venezuela by Great Britain, Germany and
Italy in 1902-1903.

The points upon which controversy still arises are as to what
constitutes an "effective" blockade and what a sufficient notice of
blockade to warrant the penalties of violation, viz. confiscation of the
ship and of the cargo unless the evidence demonstrates the innocence of
the cargo owners. A blockade to be effective must be maintained by a
sufficient force to prevent the entrance of neutral vessels into the
blockaded port or ports, and it must be duly proclaimed. Subject to
these principles being complied with, "the question of the legitimacy
and effectiveness of a blockade is one of fact to be determined in each
case upon the evidence presented" (Thomas F. Bayard, American