WAR DECLARED AND UNDECLARED

Hawke's Bay Herald-Tribune, Volume 81, Issue 70, 15 December 1937, Page 4

WAR DECLARED AND UNDECLARED

At various times some empliasis has been laid on the faet that, so far as other nations are concerned, China and Japan notwithstanding all the desperate fighting that has been going on for mimy months now, are still not teehnically "at war, ' ' the necessary formal declaration to that effect by one or the other never having been made. As to whethet this is now a question of any more than academic interest depends entirely on whetlier the Nanking Government will eontinne to funetion and, as still averred, to offer armed resistance to Japailese eneroachmeiit. On the off chance of this it may be -Woi'th While to examine the position. Press correspondents, writing from Tokio, tell tis that army and navy cireles there are somewhat at variaiice aS to whether any advantage is to be gained by placing the war on a more formal footing, and Japanese disregard, even as matters stand, for the rights of outside nations, of course, rahter discounts the difference. In any event, it may be said that a declaration of war wonld enahle Japan to legitimately apply considerably greater presstire to China, bnt mainly at the expense of nentrals. Legal neutrality cannot be said to exist when an undeclared war is heing waged. In theory the relations of GoVernments not taking part in the hostilities remain norma! with hoth belligerents, while the latter, if they desire to avoid continued frietion and incidents endaiigering friendiy relations, will refrain as far as possible from acts that may involve peaceful nations in conseqtlenceS of the conflict. But aS soon as war is declared all this is chaiiged and States not actually eilgaged in hostilities at once beeome nentrals. Their subjects residing in the territory of a belligerent are, in respeet of the requisitioning of property and even of special war taxation, in the' same position as citizens of that Stater nor can they claim compensation for losses inflicted by the military operations of either one belligerent or the other. The impoftant qnestion of blockade also enters into consideration. In an undeclared war such as is now in progress iieitlier bellig'erent ean claim any right to impose this upon the shipping of f oreign nations. ' It ,will be recalled that some while ago Japan did raake a move in this direction hiit very quickly desisted, contenting herself thereafter with holding up Chinese shipping. If, however, War ivere formerly declared, Japan would bc fully justified in instituting a blockade of all shipping from Chinese ports. Indeed, having in mind the doctrine of "ultimate destination of cargoes," she might — -as did Great Britain in the World War, with grave risk of aiitagonising the United States— extend the blockade to neighbouring neutral ports, British-oWned Honglcong for instance. Then, again, if war were f ormally declared, the J apanese, in the areas occupied by their armed forces, would liave full WaiTant to assume the functions of government, denianding ohedience on the part of the inhabitants of whatever nationaliity. They would also have the power in these areas to hillet troops, to levy taxes and requisitions in kind, and to control all forms of transport and communication. All these are advantages that wonld accrue to Japan by issuing a formal declaration of war. Among disadvaiitages suggested is the fact that it might precipitate diseussion of international territorial rights in Shanghai before Japan is quite ready to enter upon them. Then, there wonld also assuredly follow, under the American Neutraiity Act, dealt with here yesterday, a practically domplete severance of trade relations With the United States and the chtting off of stlpplies from there of rniiitary requirements and of the raw mlterial for their manufacture, and also perhaps of foodstuffs. In addition to this is the prospect that other countries, synipathetic with Cihna, might very well follow tlie American example. Apart from these, there is said to be anotlier consideration that weighs pretty heavily with Japan. That is as to Whether, heedless of governmental attitude, in countries whele the Labour movemeiit is strong and definitely averse to war, the loading of cargoes destined for Japan and the unloading of cargoes issuing from her ports might nat be rendered impossible by strikes or boycotts. Even as matters now stand there have been indications that this apprehension is not withoiit some good foundation and a declaration of war wonld doubtless crystallise Labour hostility.