SECTION 10. The Declaration of London

The Declaration of London

For incidental mentions of the Declaration in earlier sections see supra, pp. 22, 36, 39, 55, 58, 80, 90, 92, 148, 149, 154, 155, 156, 158, 163, 164, 174, 181, 191, 193, 194, 195, 196.

See also my paper upon Proposed Changes in the Law of Naval Prize, read to the British Academy on May 31, 1911, Transactions, vol. v., of which a translation appeared in the Revue de Droit International, N.S., t. xiii, pp. 336-355.

THE DECLARATION OF LONDON

Sir,--The questions put last night by Mr. M'Arthur need, perhaps, more fully considered answers than they received from Mr. McKinnon Wood.

With reference to the first answer, it may be worth while to point out that, in Art. 66 of the Declaration, the 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 reason, I welcome the letter from Mr. Gibson Bowles, which appeared in The Times of yesterday, although it contains some statements the inaccuracy of which it may be desirable at once to point out.

1. The Declaration of Paris is neither implicitly nor explicitly adopted by the Declaration of London, "as a part of the common law of nations which can no longer be disputed." The later makes no mention of the earlier one, and M. Benault's rapport (as to the interpretative authority of which opinions may well differ) applies the words quoted, not to the Paris Declaration as a whole, but to one only of its articles. Mr. Bowles's statement that "the Declaration of London, if adopted, would reaffirm, and its ratification would in effect, for the first time ratify, the Declaration of Paris" cannot be supported.

2. Mr. Bowles asserts it to be "an unquestioned doctrine of the Law of Nations that war abrogates and annuls treaty obligations between belligerents." One would have supposed it to be common knowledge that large classes of treaties are wholly unaffected by war. Such are, for instance, what are called conventions transitoires, because their effect is produced once for all, as in the case of cessions of territory; and, notably, treaties entered into for the regulation of the conduct of war, such as the Geneva Convention, many of The Hague Conventions of 1907, and the Declaration of Paris itself, which Mr. Bowles appears to think would ipso facto cease to be obligatory between its signatories on their becoming belligerent.

It is a pleasure to be able to agree with Mr. Bowles in his wish that the Naval Prize Bill, if reintroduced, should be rejected, though I would rather say "withdrawn." You have already allowed me (on July 10) to point out that if the Convention and Declaration are to be effectively discussed in Parliament they should be disentangled from that Bill, into which the Convention, and, by implication, the Declaration, have been incongruously thrust. This practically non-contentious Consolidation Bill, after several times securing the approval of the House of Lords, has hitherto for several years awaited the leisure of the House of Commons, but was suddenly reintroduced last Session, apparently as an unobtrusive vehicle for the new and highly debatable matter contained in the two above-mentioned documents. May I now repeat my suggestion that "the debatable questions arising under the Convention of 1907 and the Declaration of 1909 should first be threshed out in discussions on a Bill dealing with these questions only; and that the decision, if any, thus arrived at should be subsequently inserted, freed from hypothesis, in the Consolidation Bill"?

I am, Sir, your obedient servant, T. E. HOLLAND. Oxford, December 28 (1910).

THE DECLARATION OF LONDON

Sir,--I have read Professor Westlake's letters upon the Declaration of London with the attention due to anything written by my very learned friend, but, although myself opposed to the ratification alike of the Prize Court Convention and of its complement, the Declaration, do not at present wish to enter upon the demerits of either instrument.

There is, however, a preliminary question upon which, with your permission, I should like to say a few words. My friend justly observes that in dealing with the Declaration "the first necessity is to know what it is that we have before us"; and he devotes his letter of January 31 to maintaining that the Declaration must be read as interpreted by the explanations of it given to the full Conference by the Drafting Committee, of which M. Renault was president. Professor Westlake supports his opinion by a quotation from the reply of the Foreign Office in November last to the Edinburgh Chamber of Commerce (Miscell. 1910, No. 4, p. 21). I may mention that a similar reply had been given, a year previously, by Mr. McKinnon Wood to a question in the House of Commons. The source of these replies is doubtless to be found in a paragraph of the Report, addressed on March 1, 1909, to Sir Edward Grey, of the British Delegates to the London Conference, which runs as follows:--

"It should be borne in mind that, in accordance with the principles and practice of Continental jurisprudence, such a Report is considered an authoritative statement of the meaning and intention of the instrument which it explains, and that consequently foreign Governments and Courts, and no doubt also the International Prize Court, will construe and interpret the provisions of the Declaration by the light of the Commentary given in the Report." (Miscell. 1909, No. 4, p. 94.)

It is desirable to know upon what authority this statement rests. I am aware of none. The nearest approach to an assertion of anything like it occurred at The Hague Conference of 1899, when the "approval" accorded to "the work of the Second Committee, as embodied in the articles voted and in the interpretative Report which accompanies them" was alleged by M. de Martens to amount to an acceptance of the Report "comme un commentaire interprétatif authentique des articles votés." (Miscell. 1899, No. 1, p. 165.) The drafting Report presented to the Geneva Conference of 1906 is merely said to have been "adopted" (Actes, p. 286); and M. Renault's Report to the Conference of London was similarly merely "accepted," although he presented it as containing

"Un commentaire précis, dégagé de tout controverse, qui, devenu commentaire officiel par l'approbation de la Conférence, soit de nature à guider les autorités diverses, administratives, militaires, judiciaires, qui pourront avoir à l'appliquer." (Miscell. 1909, No. 5, p. 344.)

It would seem that in each of these cases the adoption of the Report, and even a suggestion or two for a change in its phraseology, amounted to nothing more than an expression of opinion on the part of the Delegates to the Conference that the Report contained explanations which had satisfied themselves, and might satisfy their Governments, that the Convention which they were about to forward to those Governments might safely be accepted.

So far as Governments are concerned, the adoption of a Report by their Delegates is res inter alios acta. An "authentic interpretation" of a contract can be given only by the parties to it, who, in the case of a treaty, are the States concerned. If these States desire to give to the report of a drafting committee the force of an authentic interpretation of their contract, they can surely do so only by something amounting to a supplementary convention. Writers upon international law naturally throw but little light upon questions to which the somewhat novel practice of argumentative drafting Reports has given rise; but I may cite Professor Ullmann, of Vienna, as saying:--

"Eine authentische Interpretation kann nur die durch Kontrahenten selbst, in einem gemeinschaftlichen, ihren Willen ausser Zweifel setzenden Acte (einem Nachtrags-oder Erlauterungsvertrage), erfolgen" (Volkerrecht, p. 282);

and Professor Fiore, of Naples, to the effect that what is called "authentic interpretation" is not

"interpretazione propriamente detta, ma una dichiarazione di quello che fu gia concordato, o un nuovo trattato" (Diritto Internazionale, ss. 1, 118);

and that

"il trattato non può essere interpretato che dalle stesse Parti (i.e. Stati) contrahenti; e per la validità dell' atto è indispensabile che la relativa convenzione di interpretazione abbia gli stessi requisiti ... di ogni altra convenzione tra Stato e Stato" (Il Dir. Int. Codif., § 816).

I would submit that such a Report as that which accompanies the Declaration of London has no claim to the sort of interpretative authority which has been attributed to it; nor is it desirable that the requisite steps should be taken for giving it that authority. It would be calamitous should a practice be introduced of attempting to cure the imperfect expression of a treaty by tacking on to it an equally authoritative reasoned commentary, likely, as in the present case, to be enormously longer than the test to which it relates.

It is a wholly different question whether Governments or Courts would be inclined to take notice of such a Report, among other facts antecedent to a Convention, or Declaration, which they might be called upon to construe. A British Court would not, I conceive, be so inclined. On the probable inclinations of Continental Courts, and of an International Prize Court, should one be instituted, further expert information would seem to be called for.

The fact is that the vitally important questions of theory and practice raised by the Convention and the Declaration need calmer and better instructed discussion than they have yet received. Ought they not to be referred to a Royal Commission, on which should be placed representatives of the Navy and Merchant Service, of the corn trade, and of the Colonies, together with international lawyers, in touch with the views of their Continental colleagues?

I am, Sir, your obedient servant, T. E. HOLLAND. Oxford, February 16 (1911).

THE DECLARATION OF LONDON

Sir,--Professor Westlake, replying in The Times of to-day to the arguments by which I had endeavoured to show that the Report made to the Conference of London has no pretensions to be treated as an authentic interpretation of the Declaration prepared by the Conference, still maintains that "the essential question will be, what the agreement was that the Conference arrived at." I had maintained, on the contrary, that the essential question will be, What is the agreement entered into by the Powers, as evidenced by their ratifications? anything outside of the ratified agreement being res inter alios acta. I should not be justified in asking you to allow me to repeat the contents of my letter of Monday last in support of this view. The pleadings are, I think, exhausted. "Therefore let a jury come."

I should like, however, to point out that I did not, as my friend seems to think, attribute the acceptance of the Report to the delegates "singly." It was, no doubt accepted by all present without protest. My colleague will, I am sure, pardon me if I add that I cannot concur in his exegesis of my citations from Ullmann and Fiore.

I am, Sir, your obedient servant, T. E. HOLLAND. Oxford, February 25 (1911).

THE DECLARATION OF LONDON

Sir,--It is satisfactory that so high an authority as Mr. Arthur Cohen distinctly accedes to the view that the Declaration of London ought not to be ratified as it stands. I should, however, be sorry were his suggestion accepted that the Declaration and the argumentative report which accompanies it might be ratified together. The result would be obscurum per obscurius, a remedy worse than the disease.

I shall ask leave to add that, if Mr. Cohen will take the trouble to look again at my letters of February 10 and 25, he will cease to suppose it possible that in writing "the pleadings are, I think, exhausted, &c.," I meant to convey that no further discussion of the merits or demerits of the Declaration was required. On the contrary I expressly limited myself to a consideration of the preliminary question, whether interpretative authority would rightly be attributed to the report in question, stating that, while opposed to the ratification alike of the Prize Court Convention and of the Declaration, I did not, for the present, wish to enter upon the demerits of either instrument; and ended my first letter by suggesting the reference to a Royal Commission of "the vitally important questions of theory and practice raised by the Convention and the Declaration," as needing "calmer and better instructed discussion than they have yet received."

I am, Sir, your obedient servant, T. E. HOLLAND. Oxford, March 1 (1911).

THE DECLARATION OF LONDON

Sir,--After Tuesday's debate in the House of Lords it may be hoped that not even "the man in the street" will suppose the Declaration of London to be anything more than an objectionable draft, by which no country has consented to be bound. Every day of the war makes more apparent our debt to the House of Lords for having, four years ago, prevented the British Government from ratifying either the International Prize Court Convention or this Declaration, which, while misleadingly professing that its provisions "correspond in substance with the generally recognised principles of international law," contains, interspersed with truisms familiar to all concerned with such matters, a good many undesirable novelties.

This being so, it was surely unfortunate that our Government, with a view apparently to saving time and trouble, decided, in the early days of the war, to adopt the Declaration en bloc as a statement of prize law "during the present hostilities," subject, however, to "certain additions and modifications"; to which it, of course, retained the power of making additions. This power has been so freely exercised, and large portions of the Declaration, not thereby affected, have proved to be so inapplicable to modern conditions, as disclosed by the war, that the document, so far from providing reliable guidance, is now a mere source of hopeless confusion.

To put an end to this confusion, I venture to suggest that, in concert with our Allies, the Declaration should be finally consigned to oblivion. Either let its place be taken by some clear and simple statement of unquestioned prize law, for the use of commanders and officials (something like a confidential document in the drafting of which I had a hand some years ago, but, of course, brought up to date), or let established principles take care of themselves, certain doubtful points only being dealt with, from time to time, by Orders in Council.

While heartily concurring in Lord Portsmouth's description of the unratified "Declaration" as "rubbish," I regret that he seems to relegate to the same category even those generally ratified "Hague Conventions" which, as far as they go, mark a real advance upon previously accepted rules. Still less acceptable is his advice to "sweep away juridical niceties" in the conduct of hostilities. Did he intend thus to describe the whole fabric of the rules by which international law has endeavoured, with considerable success, to restrain barbarity in warfare?

I must mention that this letter was written before seeing this morning the letter of Mr. Gibson Bowles, my worthy ally in attacks upon the Declaration.

I am, Sir, your obedient servant, T. E. HOLLAND. Oxford, December 3 (1915).

THE DECLARATION OF LONDON

Sir,--You have allowed me, in a good many letters, to criticise the Declaration of London, both in its original inception and in its subsequent applications. Thanks to the House of Lords, the Declaration, which erroneously professed to "correspond in substance with the generally recognised principles of International Law," has remained unratified, and therefore diplomatically of no effect.

Its admirers have, however, too long preserved it, perhaps sub spe rati, in a state of suspended animation, using it by way of, as they supposed, a convenient handbook of maritime law for the purposes of the present war, though subject to such variations as might from time to time be found convenient by the Allies. The mistake thus made soon became apparent. The elaborate classification of contraband had to be at once thrown overboard, and most of the remaining provisions of the Declaration proved to be inapplicable to modern warfare.

In December last I accordingly wrote as follows:--

"To put an end to this confusion, I venture to suggest that, in concert with our Allies, the Declaration should be finally consigned to oblivion. Either let its place be taken by some clear and simple statement of unquestioned prize law, for the use of commanders and Officials, ... or established principles take care of themselves, certain doubtful points only being dealt with from time to time by Orders in Council."

I need hardly say that to anyone holding the views thus expressed, yesterday's Order in Council must be most satisfactory; getting rid, as it does for good and all, of the unfortunate Declaration, leaving the application of established principles to those acquainted with them and promulgating authoritative guidance on specific novel questions.

I may perhaps add a word or two on the undesirability of describing as "Declarations" documents which, being equipped with provisions for ratification, although they may profess to set out old law, differ in no respect from other conventions. Also, as to the need for greater caution on the part of our representatives than has been shown by their acceptance of various craftily suggested anti-British suggestions, such as were several embodied in the Declaration in question, and notably that of the notorious cl. 23 (h) of The Hague Convention iv., the interpretation of which has exercised the ingenuity of the Foreign Office and, more recently, of the Court of Appeal.

I am, Sir, your obedient servant, T. E. HOLLAND. Brighton, July 9 (1916).

On July 7, 1916, an Order in Council was made, revoking all Orders by which the provisions of the Declaration had been adopted, or modified, for the duration of the war; stating the intention of the Allies to exercise their belligerent rights at sea in strict accordance with the law of nations; but dealing specifically with certain doubtful points. The Order was accompanied by a memorandum, drawn up by the British and French Governments, explaining how their expectation that in the Declaration they would find "a suitable digest of principles and compendium of working rules" had not been realised. See also Lord Robert Cecil in the House of Commons on August 23, with reference to the Zamora case, 2 Ch. c. 77.

On misuses of the term "Declaration" cf. supra, pp. 90, 91, 92.

GERMANY WRONG AGAIN

Sir,--The new German Note handed on Thursday last to the representatives of the neutral Powers supports its allegation that the four Allied Powers "have trampled upon right and torn up the treaties on which it was based" by the following statement:--

"Already in the first weeks of the war England had renounced the Declaration of London, the contents of which her own delegates had recognised as binding in international law."

It is surely notorious that the delegates of a Power, by agreeing to the draft of a treaty, give to it no international validity, which results only when the treaty has been ratified by their Government. The Declaration of London has, most fortunately, never been ratified by the Government of Great Britain.

I am, Sir, your obedient servant, T. E. HOLLAND. Oxford, January 13 (1917).

INDEX

Absolute contraband. See Contraband Abstention, 129 Acquiescence, State duty of, 129, 130, 133, 136 Actæon, the, 176, 179 Acts of Parliament, 61, 63 Admiralty Manual of Prize Law, 156, 159, 192 Aerial warfare, 61 Air, opposite views as to rights over, 64, 65 Aircraft in war, 69 Alabama, the, 131, 183 Alexander, Mrs., the cotton of, 153 Alien enemies, civil disabilities of, 47, 49, 205 Allanton, the, 158, 161, 162, 163 Ancipitis usus, articles, 148 Angarie, Droit d', 170 Appam, the, 146 Arabia, the, 152 Arbitration, 1-6, 184 treaties, general, 6, 7 treaties, limited, ib. cases fit for, 5 the Hague tribunal of, 5 Armaments, limitation of, 184 Armed civilians, 77 Neutralities, the, 83 Army, duties of, 77 Article 23 (h), 47, 49, 206, 207 restricting application, 146 Aspirations, 99 Assassination, 93 Asturias, the, 60 Asylum to belligerent warships, 129, 143 Atalanta, the, 160 Aube, Admiral, 116 Authentic interpretation, 107, 196, 199, 201, 205

Baden-Powell, Sir G., 81, 85, 87 Baker, Sir Sherston, 85 Balfour, Mr. A.J., 13, 15, 73, 74, 173 Balloons, projectiles from, 30, 62 Base of operations, neutral duty as to, 129, 134, 144, 145 Baty, Dr. T., 161 Bays, 166, 167 Belligerents, lawful, 73, 75, 76, 77, 78, 79 Beresford, Lord Charles, 118 Bermuda, the, 160 Bills criticised, 36-40, 47, 192 Birkenhead, Lord, 135 Bismarck, Prince, 170 Bliss, Sir H., 150 Blockade, belligerent, 29, 83, 156 fictitious, 57, 59 pacific, 9-14, 17 Bluntschli's reply to Von Moltke, 26 Bombardment, 62 of open coast towns, 30, 62 from the air, 112, 123 Bondholders, foreign, vindication of rights of, 15 Bowles, Mr. Gibson, 54, 87, 89, 90, 92, 141, 173, 177, 178, 198 Brandschatz, 117 Brassard, effect of a, 79 Bright, Sir Charles, 171, 172 British Academy, author's paper at, 174 British Manual of Military Law, 74 Handbooks on War on Land, 75, 76 Brodrick, Mr., 75 Brown v. United States, 45 Brusa, Prof., 130 Brussels Conference, the, of 1874, 68, 74, 77, 114, 172 Bullets, expanding, 22, 94, 96 explosive, 22, 94, 95 in savage warfare, 94 Bundesrath, the, 29, 157, 160 Butler, General B.F., 153 Bynkershoek, 45, 71, 165, 166

Cable-cutting, 30, 168-173 Cables, submarine, 168 Campbell-Bannerman, Sir H., 189 Captors, unqualified, 71, 73, 162, 163 Carson, Sir Edward, 127 Cavell, Miss, case of, 79 Calchas, the, 151, 152, 153 Cecil, Lord Robert, 8, 207 Channel tunnel, 42 Chavasse, ex parte, 137 Civilians armed, position of, 77, 78, 79 Churchill, Mr. Winston, 106 Claims, competitive, 17 Clarke, Sir Edward, 124 Clode, Mr., 112 Closed localities, 50 Clothing, use of enemy, 75 Coal, 176 conditional contraband, 149 for belligerent fleet, 131, 134 Coast fishing vessels, 30 Codification of laws of war, 22, 23 Cohen, Mr. Arthur, 47, 203 Coltman, Mr., 85 Commencement of war, 41 Commercen, the, 159 Commissioning on the High Seas, 90 Commissions of enquiry, 4 Compromise, the, between belligerent and neutral rights, 133, 136, 164, 169 Conditional contraband. See Contraband Conduct of warfare between belligerents, 50 Conflict of Laws, 34, 35 Continuous voyages, 29, 157, 162, 183 "Contraband, a happy little," 153 Contraband of war, what it is, 130, 134, 159, 175 absolute and conditional, 147, 151, 152, 154, 158 British proposal to abolish doctrine of, 163, 184, 185 coal, how far, 132, 134, 149, 176 cotton, how far, 151, 152, 177 food-stuffs, how far, 176, 185 Japanese rules as to, 149, 155, 156 misuse of the term, 134 no neutral duty to prohibit export of, 113, 140 Russian rules as to, 154, 176 the Declaration of London as to, 164 the two constituents of, 159 Contractual debts, 21 Contributions, 102, 118 Conventions. See Geneva, Hague, &c. and Legislation, 36 "transitoires," 198 Conversion. See Transformation Convoy, 31 Cotton, 177 as contraband, 149, 151, 152 Court of International Justice, a permanent, 2, 191 Criticism of Bills, 36-40, 192 Customs Consolidation Act, 1853, 132

Danger zone, a, 59 Dardanelles, closing of, 55, 58, 80, 90, 92 "Declaration," misuse of the term, 90, 92, 206 Declaration, the, of London, 22, 36, 39, 80, 92, 147, 149, 154, 155, 158, 161, 163, 164, 181, 191, 193-207 provisional adoption of, as modified, 154, 204 rejection of, 206, 207 Declaration, the, of Paris, 22, 26, 57, 59, 80, 81, 82, 83, 87, 89, 156, 198 accession to, of Spain and Mexico, 81, 86, 87, 88, 89, 91 Declaration, the, of St. Petersburg, 22, 27, 91, 95, 96, 97 von Moltke upon, 25 Declaration of war, 10, 41, 43 Declarations, mistaken view as to their not needing ratification, 90, 91 the three, of the Hague in 1899. See Hague De Horsey, Admiral, 118, 164 De Joinville, Prince, 117 De Martens, Prof., 162, 166, 176, 200 Deposit of delict, 158 Despatches, enemy, 156, 158, 160 Destination, 8, 155, 156 Destruction of neutral prizes, 22, 173-181 Dickenson, Mr. Lowes, 125 Direct U.S. Cable Co. v. Anglo-American Tel. Co., 166 Disguise, 75, 76 Distinctive marks, 77, 79 Doelwijk, the, 161 Drago doctrine, the, 20 Droit d'angarie, the, 170 Dum-dum bullet. See Bullets Durward, the, 60

Embargo, 11 Enemy, who is an ?, 401 disabilities of, 47, 49, 206 goods in neutral bottoms, 83 in occupied territory, 102 merchant vessels at outbreak, 45, 49 property on land, 102 property at sea, 29, 104, 184 resident at outbreak, 44 service, 157, 158, 186 "Englishman's Home, An," the play, 77 Enquiry, international Commissions of, 1, 3, 4, 6 Evans, Sir Samuel, 70

False colours, 30, 43, 76 Fauchille, M., 47, 64, 65 Felicity, the, 164, 166, 167, 175, 177, 179 Fiore, Prof., 201 Fishing vessels, 31 Flag of truce, 76 Food-stuffs, 148, 174 how far contraband, 148, 176, 185 Food, Royal Commission on, 148, 174, 177 Foreign Enlistment Acts, the, 131, 134, 138, 139, 141, 143 Foreign Enlistment Bills, new, 39 Foreign soldiers, 45 Forster, Arnold-, Mr., 45 Fox, the, 176, 177 Fram, the, 137 Francs-tireurs, 79 "Freedom of the seas," 51, 97 French Government Manual for Land Warfare, 117 Friendly methods of settlement, 1

Gases, harmful, whether employment of, legitimate, 22, 96, 97 Geffken, Prof., 13 General principles of justice and equity, the, 187, 189, 190, 193 Geneva Convention Bill, 36 Geneva Conventions, the, 22, 34, 67, 98, 100 application of, to maritime warfare, 30, 98 Gentili, A., 170 Germany. Cf. Hague Conventions proclamation by, of a danger zone, 59 wrong as to Declaration of London, 207 Giffen, Sir R., 13 Gladstone, Mr., 134 Goeben and Breslau, the, 91 Golden Rocket, the, 85 Good offices, 1, 2, 3 Government authority, as a protection, 72 Government Bills and International Conventions, 36-40, 192, 195, 204 Granville, Lord, 82, 85, 131, 170, 177 Greek coast, blockade of, 13 Guerilla warfare, 73 Gundel, General de, 48 Grotius, 45, 148, 155, 166, 168, 169

Haabet, the, 160 Hague Conventions, the, of 1889, 1, 2, 3, 6, 30, 61, 74, 75, 94, 102, 105, 107, 120, 184 of 1907, 1, 6 applicable only between contracting Powers, 69 No. i., 2, 3, 6 No. ii., 21, 22 No. iii., 22, 36, 44 No. iv., 22, 45, 60, 61, 67, 75, 76, 77, 96, 105, 107, 122, 168, 206 No. v., 22, 68, 75, 80, 90, 135, 168 No. vi., 22, 45, 70 No. vii., 22, 162 No. viii., 22, 45, 164 No. ix., 22, 68, 122 No. x., 22, 100, 130 No. xi., 22, 158 No. xii., 22, 36, 190, 194, 195, 197, 204 No. xiii., 22, 129, 143, 146 Hague Declarations, the, 22, 30, 61, 62, 63, 64, 96 Hague Règlements, the, as to war on land, 75, 76, 78, 93, 95, 100 Hague Tribunal, the, 5 reference to, not obligatory, 25 Haldane, Mr. R.B., 45 Hall, Mr. W.E., on pacific blockade, 13 Harcourt, Sir W., 74 Hardinge, Sir C., 152 Herbert, Mr. Arnold, 182, 184 Holland, Sir T.E., references to writings of, 8, 9, 20, 23, 35, 44, 47, 50, 52, 66, 75, 97, 113, 122, 164, 168, 180, 192, 196 Honour and vital interests clause, the, 4, 5, 6 Horses, wounded, 98, 100 Horsey, Adml., 118, 164, 166 Hostile assistance, 88, 157, 160, 186 Hübner, 190

Ikaria, the, 60 Imina, the, 160 Immediate effects of outbreak of war, the, 45 Institut de Droit International, the, 11, 12, 16, 23, 24, 30, 43, 44, 48, 63, 64, 65, 66, 68, 104, 105, 108, 121, 130, 162, 163, 164, 167, 168, 172, 174, 176, 182, 185, 190 its Manuel des lois de la guerre maritime, 163 its Manuel des lois de la guerre sur terre, 23, 24, 25, 27, 108 Instructions, national, on laws of war on land, 75, 76 on laws of war at sea: British, 156, 180 French, 179 Japanese, 148, 149, 150, 155, 156, 157, 173 Russian, 154, 173, 174, 176, 177, 179 United States, 179 International, the, 169 International Court of Appeal, an, 184 International Justice, a Permanent Court of, 2 International Law, the nature and authority of, 66, 67, 77, 86, 114, 115, 116, 119, 127, 169, 188 International Prize Court, proposal for an, 23, 181-191

Jackson, Colonel, 66, 68 James, Captain, 114 Jenks, Mr., 106, 108, 110 Jonge Margaretha, the, 159 Just cause of war, 83 "Justice and equity, general principles of," 187, 189, 190, 193

Kent, Chancellor, 45 Kleen, Mr., 130, 133 Knight-Commander, the, 173, 174 Kohler, Mr., 47 Kowshing, the case of the, 41, 43 "Kriegsbrauch," the, 68, 80

Lambermont, Baron, 77 Lammasch, Prof., 125 Lansdowne, Marquess of, 58, 133, 136, 149, 169, 173 Lawful belligerents, 69, 78 League of Nations, the, 1, 2, 7, 9, 191 Lehr, Prof., 102 Leucade, the, 176 Lincoln, President, 74 Lieber's Instructions, 74, 75 Localities closed to hostilities, 52 London, Conference of, 181, 190, 191 London, Declaration of, 22, 55, 58, 92, 181, 191, 193, 194, 195, 196-207 Lyons, Lord, 169

MacDonell, Prof., 172 McKenna, Mr., 78 Mahan, Admiral, 97 Mail steamers and bags, 30 Malacca, the case of the, 81, 162, 163 Mandates, 8 Manning, Mr., 45 Manual of military law, the British, 107 Manuals of warfare on land, 105 at sea, 105 Manuel des Lois de la guerre maritime, the, of Institut, 23 Manual des Lois de la guerre sur terre, 23, 24, 174 Marais, ex parte, 106 Martens, de, Prof., 126 Martial law, 105-112 Maurice, Colonel, 42 Mcomini and others v. Governor &c. of Natal, 107 Means of injuring, 94 Measures short of war, 1-21 Mediation. See Good offices Menam, blockade of the, 10 Mercantile Marine in war, 81, 84, 87 Merchant ships, visit of, 60 Militia, 77 Minerva, the, 91 Mines, 164 Moltke, von, on conduct of war, 24 Monroe doctrine, the, 17, 20 Moray Firth, the, 189 Morley, Lord, 58, 74 "Most favoured nation" clause, 17 Möwe, the, 70 "Murder," 70, 71, 72, 84 Mutiny Acts, the, 109

National Instructions, 75, 76 Naval bombardments of open coast towns, 30, 112, 123 Naval manoeuvres of 1888, the, 113, 123 Naval war code, a British, 30, 31, 32 Naval warfare, 22 Naval Prize (Consolidation) Bill, the, 36, 191-196, 198 object of, 194,195 rejection of, 196 Naval Prize money, 195 Neutral conduct, the criterion of, 125 Neutral duties, as classified by the author, 129 Neutral hospitality, 143 Neutral States and individuals, their liabilities distinguished, 129-135 Neutral territory, passage through, 90 Neutral trade, the four inconveniences, to, 159 Neutralisation, the term, 53, 54 Neutrality, correlative to belligerency, 10, 16, 19 British proclamations of, 130, 135-143 Neutrals, methods of warfare affecting, 164-181 Non-combatants, 72, 74 Novoe Vremya, the, 176

Occupied territory, right of the invader in, 80, 100 not yet occupied, 77 Oppenheim, Prof., 47 Orozembo, the, 160 "Ottoman Empire, ancient rule of the," 56

Pacific blockade, 10 Palmerston, Lord, 12 Panama Canal, the, 50 Paquete Habana, the, 30 Paris. See Declaration of Paris, Treaty of, 53, 54, 56, 81, 87, 89, 155 "Pas de Code Naval, pas de Cour des Prises," 187 Passage, 64, 90 Peace talk, 125 Peaceful settlement of disputes, the Conventions for, of 1899, 2, 3, 6 of 1907, 2, 6 are non-obligatory, 173 Perels, Prof., 16 Permanent Court of International Justice, a, 191 Peterburg, the, 162 Peterhoff, the, 20, 149, 160 Petition of Right, the, 106, 108, 109 Pike, Mr., 98, 100 "Piracy," 70, 71, 84 Poison, 96 Pope's Note, the, 51 Port, enemy ships in, 49 Porter v. Freudenberg, 49 Portsmouth, Lord, 205 Pourtugael, den Beer, Prof., 68 Pre-emption, 148 Prevention, State duties of, 129, 131 Prisoners of war, 45, 106, 107 liabilities of, 106 Private International Law, 34 Privateers, 81, 84 restrictions on, 82 commissioned liners are not, 70 Private property at sea, 184 Prize Court, the Russian, 163 an international Court of Appeal, 23, 170-182 a settled prize law, must precede, 181, 183, 185, 190, 191, 193 a supreme, 181 Prize Law Consolidation Bill, 193, 194, 199 "Probable cause," 83 Proclamations of neutrality, the British, criticised, 135-143 "Professors," 119 Projectiles, from balloons, 22, 30, 62 for diffusion of gases, 22, 96, 97

"Quasi-enemy," 12

Radiotelegraphic stations, 168 Rae, Mr., 162 Ratification, 203 Receipts, 102 Règlements, the Hague. See Hague Renault, Prof., 172, 187, 190, 196, 198, 199 Report of the force of (see Authentic Interpretation) Reprisals, advantages of, 14, 19 how differing from war, 9, 12, 14, 19 opposite views as to, 16 species of, 12, 15, 19 United States, instructions as to, 29 belligerent, 97, 123 Requisitions, 102, 117 Restrictive clause, the, 69, 146 Retaliation, 97 Reward for, dead or alive, 93 R. v. Eyre, 110 Ridley, Sir E., 77 Roman Law terminology, 102 Roosevelt, Pres., 146 Rosebery, Lord, 158 Ross, Sir R., 78 Russian Prize Law, 162, 174, 176

Salisbury, Lord, 3, 15, 52, 54, 157 Santissima Trinidad, the, 137 Savage warfare, 94 Savannah, the, 85 Scott, Sir Walter, 77, 91 Scott, Sir William, 91 Search. See Visit and Search Second Peace Conference Conventions Bill, 37, 38, 39 Seely, Col., 63 Ship, a "mere moveable," 85 Shucking, Prof., 125 Siam, 10 Sinking. See Destruction Smith (Lord Birkenhead) and Sibley, on International Law in the Russo-Japanese War, 135 Spider, the, 113, 117 Spies, 72 Springbok, the, 29 Stephen, Sir Herbert, 124 Stewart, Mr. C., 104 Story, J., 159 Stowell, Lord, 85, 159, 160, 161, 166, 175, 177, 178, 180, 197 Straits, 52, 56 Submarine cables, 168, 169, 171, 188 Submarines, 69 Suez Canal, the, 50, 51, 52, 54 Superfluous injury, 94, 95 Suyematsu, Baron, 149 Swettenham, Sir James, 79 Sydenham, Lord, 104

Takahashi, Prof., 43 Terminology, 33 Territorial waters, 165, 166, 167 Tindal, le Chevalier, 122 Tirpitz, Admiral von, 70 Tocumaro, the, 60 Torpedoes, 164 Transformation into ships of war, 162 Treaties, who are the parties to, 202, 207 effect of war on, 18, 198 Treaty, the Hay-Pauncefote, 50 Twenty-three (h) clause, the, 47, 206 Twenty-four hours rule, the, 127, 144, 145 Ullmann, Prof., 47, 106, 201 Unarmed merchantmen, 72, 73 Undefended towns, 30, 67, 68 Uniform, 75 United States instructions for war on land, 23, 73, 107 naval war code, 23, 30, 31, 88 Naval War College, 8 ratification of Conventions, 75 views of, compared with British, 29, 31 Unqualified captors, 72, 73 Unratified Conventions, effect of, 40 Usufruct, 101

Vattel, 46, 119 Venezuela, 13, 18 Visit and search, 72, 83, 84, 159, 186 "Violations of law of nations," term misapplied, 140, 142 Voeux, 5, 99, 121, 122, 167, 180, 190 Volunteers, 77

War. See Reprisals Declaration of, 10, 41 legitimate object of, 25, 95 sub modo, 20, 55 written law of, 22 Washington, the Three Rules of, 86 Wellington, Duke of, 117 Westbury, Lord, 137 Westlake, Prof., 18, 41, 65, 183, 199, 202 Wilson, Pres., 72, 97, 127 Wolf, Mr., 58 Wood, Mackinnon, Mr., 196, 197, 200 Wounded and Sick. See Geneva Conventions horses, 98, 100

Yangtsze Insurance Association v. Indemnity Mutual Marine Company, 157 Younge, Mr., 118

Zamora, the, 207 Zone, a danger, 59

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