WHAT THE DECLARATION IS.

Dominion, Volume 4, Issue 1144, 3 June 1911, Page 5

WHAT THE DECLARATION IS.

ITS PROVISIONS OUTLINED. The Declaration of London is a code of international law in maritime matters drawn up by the representatives of Britain, Germany, the United States, Austria. Fiance, Spain. Italy, Japan, Russia, and Holland for the use of the International Prize.Court at the Hague, established by 'Hie Hague Conference of 1907. The Declaration -was signed in February, iliU'J. Before it can come into force so far as Britain in concerned, Parliament must pass the Naval Prize Bill, subordinating the judicature of the British Prize Courts and the Judicial Committee of the Privy Council to tho International Prize Court. The Naval Prize Bill was introduced in June of last year, and has been again laid before Parliament this session. An important statement on tho Declaration of London was made recently by ■ir. T. M'Kinnou Wood, M.P., Under, plained the existing position and tho chances to to brought about bv the De-

elaration. These may to summarised as follow: — Present Position. Every country lias its own sea law, which it may chango at any moment as it pleases. Eacli country's sea law differs from that of every other country. Every country Ims its own Prizo Courts. The Prize Court of the country which captures it ship decides whether the capture h valid. There ist no appeal to an independent Court. If we are dissatisfied, we can only protest or go to war. Every foreign country may declare food and raw materials ot all kinds absolute contraband—i.e., when it is at war with us it may stop our getting food or raw materials in neutral ships, either direct ov via a near neutral port—and when we are neutral it may slop our sending food or raw materials to a belligerent. What the Position Will Be. There will be one universal system of ski law. It will bo law for tne prize Courts of every country. It may bo changed only by international agreement. There will bo an appeal from the Prizo Court of any country to an international Prize Court. Tho International Court will contain no fewer than nine of the greatest jurists' in the world. Tho eight Great Powers will always have judges in the Court, so that its rulings will bo absolutely impartial. There will be three classes of commodities— those which can never be captured from a neutral, those which can always be captured from a neutral, and those which can bo captured only under special circumstances. One-third of our commerce, including all important raw materials, will bo on tile free list. Food carried in neutral ships will be immuno from capture, unless it is intended for the armed forces or a Government Department of a country at war. When we .aro at war food may be brought safely in neutral ships to Antwerp or Rotterdam, and wo shall then bo able to convey it across in our own ships. In other words, the ocean will bo absolutely open for tho carriage of food supplies, and wo Khali have to guard only the narrow seas. Some Objections. The strongest objections urged against the Declaration are that: 1. It permits, as at present worded, the capture and destruction of foodstuffs shipped in neutral vessels to any port of Great Britain, and thus gravely imperils the food supply of this country in time of war. ■ The result of this, in the opinion of the London Chamber of Commerce, will be "a very serious increase in tho cost of food, with dangerous consequences." The British Government in tho past always maintained that foodstuffs were only liable to capture when proceeding to a hostile fleet or a beleaguered fortress. 2. It admits the principle of the destruction of neutral prizes. That is to say, it would sanction, in certain conditions, such acts as the sinking of tho British steamer Oldhamia by the Russians in 1905. 3. It does not contain any provision preventing tho conversion of merchantmen into commerce destroyers on the high seas. 4. It limits tho right of a blockading force in time of war by forbidding it to capture blockade-runners except within a very narrow'zone, and thus hampers possible operations of tho British Fleet. The Articles Referred To. Articlo 24 referred to by Mr. Fisher's motion contains tho list of articles, susceptible' of use in war as well as for purposes of peace," which "may, without notice, bo treated as contraband of war, under tho name of conditional contraband." Tho list includes fourteen items: -Foodstuffs: forago and grain; clothing, etc.; bullion and paper money; vehicles of all kinds; boats and docks; railway and telegraph material; balloons and flying machines; fuel and lubricants; all kinds of powder and explosives; barbed wiro and instruments for cutting _ the same; horseshoes and shoeing materials! harness and saddlery; field-glasses; chronometers, and nautical instruments. Articlo 33 lays town that conditional contraband is lialilo to • capture if destined for the armed forces of an enemy State. Articlo 3-1 provides for capture if the goods arc consigned to enemy contractors, etc. Articles 48 to 54 deal with tho sinking of neutral vessels. Articlo 48 of the Declaration declares that captured neutral vessels may not be sunk, bjit "must uo taken into such port as is proper for tho determination there of all questions concerning tho validity of tho capture." Articlo 49 sanctions tho sinking of neutral prizes as follows: "A neutral vessel which lias been cantured by a belligerent warship, and which would bo liable to condemnation, may be destroyed if taking her into port would involve danger to the eafcty of the warship or to tho success of tho operations in which she is engaged at the time," and it should bo added that a neutral vessel is liable to be condemned if sho is carrying more than half a cargo of contraband goods reckoned cither by value, weight, volume, or freight.