NAVAL BLOCKADES

Dominion, Volume 7, Issue 2262, 23 September 1914, Page 6

NAVAL BLOCKADES

EFFECT ON NEUTKAL SHIPS MODERN LAWS OF THE GAME As far as can be gathered from the cable messages, all German ports are blockaded by the British fleet. If this bo so, even entry into Danzig, Kiel, Stettin, Fleusburg, Hamburg, Bremerhaven, and Wilcmshaven, is forbidden, and may be enforced at international law, even against neutrals. On the hypothesis that a blockade has been proclaimed by the Allies, then no foodstuffs or raw materials will be allowed to get into theso ports, even under the protection of, say, the flag of the United States, a neutral, and if any vessel, does attempt to run the blockade, then she does so at her peril. Kiaocnau is certainly blockaded by the Japanese fleet.

Rights of Neutrals. The ordinary principle on which hostilities are earned on between nations is for those hostilities to bo allowed to interfere as little as possible with neutrals. A neutral can, in general, freely trade with each of the belligerents, as ■v. the case to-day, both Holland and Denmark supplying foodstuffs to England and to Germany. But there is another and somewhat conflicting principle, in that a belligerent is allowed to carry out his warlike operations unimpeded.. When there is an obvious conflict between these two principles, as far as war on sea is concerned, the right of tho neutral-not to be interfered with, has to give way to the right o? a belligerent to ca-rry on his hostilities as best to serve liis purpose. In these circumstances the belligerent often declares a blockade of an enemy's ports, and when this is done and neutral Powers are officially informed of the fact, then their vessels can no longer carry on their ordinary trade free from molestation.

History of Blockade, , The Armed Neutrality of 1780 first considered this question of whether a naval Power at war had any right to interfere with neutral seaborne trade. It decided that no port should be considered blockaded unless there was evident danger of capture on entering, owing to the proximity of a belligerent squadron! This was to get rid of what wero known as "paper" blockades; that is, blockades that were duly announced as affecting neutrals, but which could not be enforced owing to the want of a large enough naval force. If the Germans to-day declared London blockaded this would bo an example, of a "paper" blockade, because it would be beyond the power of William-.IPs navy to enforce, it, and neutrals would be quite within their rights in disregarding such a declaration; The same neutrality made it a stipulation that the blockading fleet should be stationary. This, of course, would' bo quite impossible in modern

The second Armed Neutrality of 1800 added the restriction that no lawful capture coiild be made.by the blockading fleet unless duo notice had been given to the vessel in default, and,, in , -spite of such notice, she still attempted to enter. This was. to prevent innocent vessels, not aware that a'state of blockado had bpen declared, from running into danger heedlessly. Theso rules were irery fuvourablo to neutral interests, which, a-s a general, thing, is excellent in prinfciple, for it is grossly unfair that, because two or more nations choose to go to war with one another, the trade of tho outside ( ,world should beun-' duly interfered witli oii that account. In the time of Napoleon, when, as now, all Europe struggled valiantly for freedom from the dominance of an Overlord, the rules of war became less generous. Tlie rights of neutrals suffered, and those of belligerents were strengthened. , So Great. Britain gjaced in the position of blockaded ports, all places that excluded her commercial flag, and Napoleon declared the whole of the British Islands to be at a'time when his fleet was relatively so weak compared with the British fleet, that he dare not send it to sea. Tlie United States, as on this occasion, was the chief neutral State, and so the chief sufferer, and loud and earnest were her comLater on came the Declaration of Paris in 1856, which accepted the proposition that "blockades to be binding must be effective."

Declaration of London. This was roughly the law on the subject till the agreement among the Allies that they would be bound by the Declaration of London, 1909, which, as modified, lays down rules of blockades as follow: — (1) A blockade must not extend beyond the ports and coasts belonging to or occupied by the enemy. (2) In accordance with the Declaration of Paris of 1856, a blockade, in order to be binding, must be effective: that is to say,. it must be by a force sufficient really to prevent access to the enemy coastline. .■■ (3) The question whether a blockade is effective is a question of fact. (4) A blockade must be applied impartially to the ships of all nations. (5) The commander of a blockading force may give permission to a warship to enter and subsequently leave a blockaded port. (6) In circumstances of distress, acknowledged by an officer of a blockading force, a neutral vessel may enter a place under blockade, and subsequently leave it, provided that she has neither discharged nor shipped anj cargo there. (7) A blockade, in order to be binding, must be declared and notified. (8) A declaration of blockade is made either by the blockading Power or by the naval authorities acting in its name. It specifies (a) the date when the blockade begins; (b) the ideographical limits of the coast-lino under .blockade; (c) the period within -which neutral vessels may come out. (9 If the operations of the blockading Power,' or of the naval authorities acting in its name, do not tally with tho particulars which must be inserted in the declaration of blookado, then the declaration is void, and a now declaration is necessary in order, to make the blockade operative. (10) A declaration of blockade is notified: (a) To neutral Powers by the blockading Power by means of a communication addressed to the Government direct or to their representatives accredited to it; (b) to the local authorities by the officer commanding the blockading force. The local authorities will in turn inform the foreign consular officers at the port or on the coastline under the blockade as soon as possible. (11) The rules as to declaration and notification of blockade apply,to cases where the limits of a blockade aro extended or where a blockado is Te-estab-lished after having been raised. (12) The voluntary raising of a blookado, as also any restriction in the limits of a blockade, must be notified. (13) The liability of a neutral vessel to capture for breach of blockado is contingent on her knowledge, actual or presumptive, of tho blockade. (14) Failing proof to tho contrary, knowledge of the blockade is presumed (a) If the vessel left a neutral port subsequently to the ■ notification of tho blockade to tho Power to which such port belongs, provided that such notification was made in sufficient time, (b) To all ships which sailed from or touched at an enemy port a sufficient time nfter the notification of tho blockade to the 'ocal authorities to have enabled tlic enemy Government to mako known tho exiswnco of the blockade, (c) To nil shins-which snilod from or touched at a Ciitish or. allied fiojrt after the

publication of the declaration of blockade. (15) If a vessel approaching a blockaded port has no knowledge actual or presumptive of the blockade, the notification must be made to the vessel itself by an officer of one of the ehips of the blockading force. This notification should bo entered in the vessel's logbook, and must state the day and hour and the geographical position of the vessel at the time. If through the negligence of the officer commanding the blockading force no declaration of blockade has been notified to the local authorities, or if in the declaration, as notified, no period has bee'i mentioned within which neutral vessels may come out, a neutral vessel coming out of a blockaded port must bo allowed to pass free. (16) Neutral vessels may not be captured for breach of blockade except within the area of operations of the warships detailed to render the blockade effective. . (17) The blockading forces must not bar access to neutral ports or coasts. (18) "VVhatever may be the ulterior destination of a vessel or of her cargo, she cannot be captured for breach of blockade if at the moment she is on her way to a non-blockaded port. (19) A vessel which has broken blockado outwards, or which has attempted to break blockade inwards, is liable to capture, so long as she is pursued by a ship of the blockading force. If the pursuit is abandoned, or if the blockade is raised, her capture can no longer be effected. (20) A vessel found guilty of breach of blockade is liable to condemnation. The cargo is also condemned, unless it is proved that at the time of the shipment of the goods the shipper neither knew nor could have known of the indention to break the blockade.