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Contraband of War

Published online by Cambridge University Press:  04 October 2013

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Extract

The law of contraband has had no material development for a hundred years past. Now, as in the days of Lord Stowell, merchandise with reference to contraband falls into three classes,—that which is always contraband, that which is contraband on occasion, and that which is never contraband. Now, as then, articles primarily intended for use in war belong in the first class, and articles which may have military or naval use, but which may also be employed in the ordinary avocations of peace, are in the second class. To be sure there are now specific articles unknown to the prize-courts of the early nineteenth century which may be found in either class. The Russian proclamation of the current year includes in contraband “Material and all kinds of substances for making explosives, such as torpedoes, dynamite, pyroxylin, various fulminating substances, conductors, and all articles used for exploding mines and torpedoes;” also, “Telegraph, telephone and railway material.” Of course none of these things were known in the wars of Napoleon. The principle, however, does not differ. The Russians in 1904 make no mention of tar, oakum, cordage, masts, and ship-timber, which played so conspicuous a part in admiralty cases a century since. But here again it is by no means a change in principle, but only in the conditions of naval warfare. Wooden sailing-ships are as obsolete as the archers of the Black Prince, and in lieu of material for their construction or repair we find enumerated “armor plate, and all kinds of ship's machinery or boilers, whether mounted or in parts.” Methods of warfare have changed. The question of contraband, however, involves no new departure in law, but merely the application of old rules to new conditions.

Type
Papers and Discussions
Copyright
Copyright © American Political Science Association 1905

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