Page images
PDF
EPUB

DECEMBER 5, 1912.1

DECLARATION OF LONDON.

Sir J. D. Rees asked the Secretary for Foreign Affairs what law now obtains in respect of contraband and blockade; what effect, if any, is to be given to the Declaration of London; whether the action of Italy and Turkey in the recent war is to be regarded as a precedent; whether other States are strengthening, or contemplate strengthening, their legislation against breaches of neutrality; and whether, since Great Britain is more adversely affected than any other power by a stiffening of the standard of neutrality, the Government proposes to persist in efforts to obtain the ratification of the Declaration of London.

The SECRETARY OF STATE FOR FOREIGN AFFAIRS (Sir Edward Grey). The rules now governing questions of contraband and blockade are those based on the view of international law prevailing in the several belligerent countries. The Declaration of London, not having been ratified, is not, as such, binding on any country, although, in several instances, belligerents have declared their acceptance of the provisions of the Declaration, so far as they do not conflict with their national law. I do not know what action on the part of Italy and Turkey the honorable member refers to as raising the question of precedent. I have no information respecting the intentions of other Governments in the matter of legislation directed against breaches of neutrality. I am not prepared to accept the view of the honorable member as regards the effect on this country of a raising of the standard of neutrality, nor to admit that this would be the general effect of the Declaration of London. The circumstance which does adversely affect Great Britain is the uncertainty as to what is at present accepted by foreign powers as the correct rule of international law on these matters. This would be removed by the ratification of the Declaration of London and it is therefore desirable to effect it.

[blocks in formation]

APPENDIX

6!)1

THE DECLARATION OF LONDON.

DECLARATION CONCERNING THE LAWS OF NAVAL WAR.'

[Translation]

His Majesty the German Emperor, King of Prussia; the President of the United States of America; His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Majesty the Queen of the Netherlands; His Majesty the Emperor of All the Russias.

Having regard to the terms in which the British Government invited various Powers to meet in conference in order to arrive at an agreement as to what are the generally recognized rules of international law within the meaning of Article 7 of the Convention of 18th October, 1907, relative to the establishment of an International Prize Court;

Recognizing all the advantages which an agreement as to the said rules would, in the unfortunate event of a naval war, present, both as regards peaceful commerce, and as regards the belligerents and their diplomatic relations with neutral Government;

Having regard to the divergence often found in the methods by which it is sought to apply in practice the general principles of international law;

Animated by the desire to insure henceforward a greater measure of uniformity in this respect;

Hoping that a work so important to the common welfare will meet with general approval;

Having appointed as their plenipotentiaries, that is to say:
His Majesty the German Emperor, King of Prussia:

M. Kriege, Privy Councilor of Legation and Legal Adviser to the Department for Foreign Affairs, member of the Permanent Court of Arbitration.

1 Signed at London, Feb. 26, 1909. The text of this Convention is taken from British Parliamentary Paper, Miscellaneous, No. 4, 1909 [Cd. 4554], p. 73. For the original French text see Naval War College, International Law Topics: The Declaration of London of February 26, 1909 (Washington, Government Printing Office, 1910), p. 169. For other translations, see Foreign Relations of the United States, 1909, p. 318; Naval War College,

ibid.

693

The President of the United States of America:

Rear Admiral Charles H. Stockton, retired;

Mr. George Grafton Wilson, professor at Brown University and lecturer on international law at the Naval War College and at Harvard University.

His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary:

His Excellency M. Constantin Théodore Dumba, Privy Councilor of His Imperial and Royal Apostolic Majesty, Envoy Extraordinary and Minister Plenipotentiary.

His Majesty the King of Spain:

M. Gabriel Maura y Gamazo, Count de la Mortera, Member of Parliament.

The President of the French Republic:

M. Louis Renault, professor of the Faculty of Law at Paris, Honorary Minister Plenipotentiary, Legal Adviser to the Ministry of Foreign Affairs, member of the Institute of France, member of the Permanent Court of Arbitration.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India :

The Earl of Desart, K. C. B., King's Proctor.

His Majesty the King of Italy:

M. Guido Fusinato, Councilor of State, Member of Parliament, ex-Minister of Public Instruction, member of the Permanent Court of Arbitaration.

His Majesty the Emperor of Japan:

Baron Toshiatsu Sakamoto, Vice Admiral, Head of the Department of Naval Instruction;

M. Enjiro Yamaza, Councilor of the Imperial Embassy at London. Her Majesty the Queen of the Netherlands:

His Excellency Jonkheer J. A. Röell, Aide-de-camp to Her Majesty the Queen in extraordinary service, Vice Admiral retired, ex-Minister of Marine.

Jonkheer L. H. Ruyssenaers, Envoy Extraordinary and Minister Plenipotentiary, ex-Secretary General of the Permanent Court of Arbitration.

His Majesty the Emperor of all the Russias:

Baron Taube, Doctor of Laws, Councilor to the Imperial Ministry of Foreign Affairs, professor of international law at the University of St. Petersburg.

Who, after having communicated their full powers, found to be in good and due form, have agreed to make the present Declaration:

« PreviousContinue »