Letters To "the Times" Upon War And Neutrality (1881-1909); With Some Commentary by Sir Thomas Erskine Holland

Letters To "the Times" Upon War And Neutrality (1881-1909); With Some Commentary

bySir Thomas Erskine Holland

Paperback | February 4, 2012

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914. Excerpt: ... THE SINKING OF NEUTRAL PRIZES Sib,--In your St. Petersburg correspondence of yesterday I see that some reference is made to what I have had occasion to say from time to time upon the vexed question of the sinking of neutral vessels, and your Correspondent thinks it "would be decidedly interesting" to know whether I have really changed my opinion on the subject. Perhaps, therefore, I may be allowed to state that my opinion on the subject has suffered no change, and may be summarised as follows:--1. There is no established rule of international law which absolutely forbids, under any circumstances, the sinking of a neutral prize. A consensus gentium to this effect will hardly be alleged by those who are aware that such sinking is permitted by the most recent prize regulations of France, Russia, Japan, and the United States. 2. It is much to be desired that the practice should be, by future international agreement, absolutely forbidden--that the lenity of British practice in this respect should become internationally obligatory. 8. In the meantime, to adopt the language of the French instructions, "On ne doit user de ce droit de destruction qu'avec plus la grande reserve "; and it may well be that any given set of instructions (e.g. the Russian) leaves on this point so large a discretion to commanders of cruisers as to constitute an intolerable grievance. 4. In any case, the owner of neutral property, not proved to be good prize, is entitled to the fullest compensation for his loss. In the language of Lord Stowell:-- "The destruction of the property may have been a meritorious act towards his own Government; but still the person to whom the property belongs must not be a sufferer... if the captor has by the act of destruction conferred a benefit upon the pub...

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Title:Letters To "the Times" Upon War And Neutrality (1881-1909); With Some CommentaryFormat:PaperbackDimensions:60 pages, 9.69 × 7.44 × 0.12 inPublished:February 4, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217794122

ISBN - 13:9780217794121

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