It is surely regrettable that, by the Order in Council of August 20, 1914, our Government adopted the provisions of the Declaration "during the present hostilities," and "subject to various additions and modifications," the list of which has since been considerably extended. This [155]half-hearted course of action painfully recalls certain vicious methods of legislation by reference, and was additionally uncalled for, since, as has been shown by recent events, about two-thirds of the rules laid down by the Declaration are inapplicable to modern warfare.
The straightforward announcement made by the United States in their Note of January 25 is surely far preferable. It states in plain terms that, "As the Declaration of London is not in force, the rules of international law only apply. As to articles to be regarded as contraband there is no general agreement between nations." In point of fact, the hard-and-fast categories of neutral imports, suggested by the threefold Grotian division, as set forth in the Declaration, are unlikely ever to be generally accepted. Even Grotius is careful to limit his proposals, and Bynkershoek, in commenting upon them, points out that the test of contraband of the most noxious kind must be the, possibly exceptional, importance of objects for hostile use; their being of use also for non-hostile purposes being immaterial ("nec interesse an et extra bellum usum praebeant"). The application of these remarks to the case of cotton is sufficiently obvious.
I am, Sir, your obedient servant,
T. E. HOLLAND
Oxford, August 23 (1915).
Sir,—I hope you will allow me space for a few words with reference to some statements occurring to-day in your Marine Insurance news which I venture to think are of a misleading character.
Your Correspondent observes that—
"Although the Japanese are signatories to the Treaty of Paris, it should not be forgotten that they haw a Prize Court Law of their own (August 20, 1894), and are more likely to follow its provisions, in [156]dealing with the various captured steamers, than the general principles of the Treaty of Paris."
Upon this paragraph let me remark:—