The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

BIBLIOGRAPHY

Unneutral Service or Hostile Aid. -- 15 Annuaire ( 1896), 231-33; Atherley-Jones, 304-15; Bernard, Neutrality, etc. ( 1870), 187-225; Bluntschli, Arts. 815-18; Boeck, Nos. 660-69; 5 Calvo, §§ 2796- 2825; 2 Cobbett, 589-607; * Dana, note 228 to Wheaton, 637 ff.; Despagnet, No. 691; * Dupuis, La guerre maritime ( 1899 and 1911), ch. 8; * Evans, Cases, ch. 16; 2 Fauchille, No. 158815-17; 2 Garner, §§ 538-45, * Prize Law during the World War, ch. 14, sects. 446-50; Geffcken, in 4 Holtzendorff, 731-38; * Hall, Pt. IV, ch. 6; Hall, J. A., Law of Naval Warfare, ch. 8; 2 Halleck ( Baker's 3d ed.), 289- 301; 2 Hautefeuille, Droits et devoirs des neutres ( 1868), 170-76; Hirsh, Kriegskonterbande und verbotene Transporte in Kriegszeiten ( 1897); * Holland, Prize Law, Nos. 88-105; 2 Hyde, §§ 817-23; * I Kleen, 452-70; Lawrence, Pt. IV, ch. 7; 3 F. de Martens, § 136; * 7 Moore, Digest, §§ 1264-65; Naval War College, Int. Law Topics (see index, 1922); 3 Nys, 671-78; * 2 Oppenheim, Pt. III, ch. 5;

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>passenger. Must the soldier or soldiers on board the vessel be set free? This does not appear admissible. The belligerent cruiser cannot be compelled to set free active enemies who are physically in her power and are more dangerous than this or that contraband article; naturally she must act with great discretion, and it is at her own responsibility that she requires the surrender of these individuals, but she has the right to do so; it has therefore been thought necessary to explain the point." Report, in Higgins, 596-97; or Int. Law Topics ( 1909), 111.

"Article 47 gives the belligerent the right of removing from the neutral vessel any individual belonging to the enemy's forces; but to inculpate the vessel for such carriage there must be proof of unneutral intention shown by the fact that the vessel was not made in the ordinary course, but was specially undertaken in the enemy's interest." Bentwich, op. cit., 87.

According to Article 47, Messrs. Slidell and Mason, agents of the Confederate Government, could not have been forcibly removed from the British mail steamer Trent (as they were by Captain Wilkes, the commander of the American cruiser San Jacinto in Novermber, 1861), since they were not "embodied in the armed force of the enemy."

On the Trent Affair, see especially, Atherley- Jones, Commerce in War, 311- 15; * Bernard, Neutrality, etc., ch. 9; * Dana, note 228 to Wheaton, 644 ff.; Hall, § 253; 2 Halleck ( 3d ed.), 293-301; * Harris, The Trent Affair ( 1896); Historicus, II, 187-98; 2 Hyde, § 818; Lawrence ( 3d ed.), § 284; Marquardson , Der Trent Fall ( 1862); * 7 Moore, Digest, § 1265; 3 Wharton, § 374.

Upon the outbreak of the World War, the Allies adopted the rules relating to unneutral service contained in the Declaration of London, and applied them until the Declaration was abandoned in July, 1916. Thenceforth the earlier customary rules again became applicable.

During the War there were many instances of the removal from neutral vessels on the high seas of persons of enemy nationality by British and French cruisers. The most interesting and important cases were perhaps those of Piepenbrink, and the seizures on the China and the Frederico. See 2 Garner, §§ 538-44. Cf. 2 Hyde, § 819. On "The Trent and the China", see Malkin, in Brit. Yr. Bk. ( 1924), 66-77.

For diplomatic correspondence between Great Britain and the United States relating to the China, see Spec. Supp. to 10 A. J. ( 1916), 427 ff.

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