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Deferred Action for Childhood Arrivals: One Step Closer

Slow or spectacular death: Reconsidering the legal history of blockade and submarines in World War I

Author: 18 October 1907 205 CTS 367 (entered into force 26 January 1910.
A rare exception was George C Butte’s review of works concerning German and British prize codes. Butte implied doubt about the legitimacy of British interference with merchant shipping to Germany by saying the ongoing war could significantly change international law if certain practices were accepted such as allowing a belligerent state to determine what is and is not contraband.
AJIL (Supplement: Diplomatic Correspondence between the United States and Belligerent Governments Relating to Neutral Rights and Commerce) 161 at 180–1
Already in November 1914 the leading figures of the German navy indicated to Admiral Pohl, chief of the naval staff, that the British had broken international law and, therefore, that Germany may as well.
Anthony C Grayling
Arthur S Link
As the International Court of Justice
Before turning to those strategies it should be noted that at least one other contemporary author writing in English has written about these approaches.
C Paul Vincent
Cababé
Charles Seymour
Coleman Phillipson
Coogan
Coogan
David Kennedy
Davis
Despite general opposition to justifications based on military necessity of Germany’s submarine tactics British Member of Parliament WE Hume-Williams made an argument based on military necessity in defence of Britain’s unconventional distant blockade of Germany. He argued technology – notably, submarines and airplanes – made a traditional ‘close’ blockade of enemy ports too dangerous for the blockading fleet and so a distant blockade had to be used.
Draper
Edwin Borchard
Elmer Belmont Potter
Eric W Osborne
For a list of twentieth-century blockades (some of them nearly forgotten such as the blockade of Haiphong Harbour in 1972 during the Vietnam War) and United Nations (UN) maritime embargoes (which while raising separate legal issues, have nonetheless involved civilian hunger),
George WT Omond
Hall
Harold R Pyke
Hull
Hull
Ibid
Ibid at 114–15.
Ibid at 368–9
In fact the British were in favour of the free trade fostered by the
In making this assertion we are in agreement with the revisionist views
Indeed it continues to provide direct precedents for our understandings of customary international law today.
Interestingly during the 1885 French war against China, France declared that rice was contraband, while the United Kingdom stated that foodstuffs could not be contraband.
It is important to note that a key argument that resulted in the
Jean-Marie Henckaerts
John A Hall
John W Coogan
Low
Michael Cababé
Montagu WWP Consett
Nicholas AM Rodger
On law as argumentative practice see, among others,
On the aftermath of the US strike on the Kunduz hospital
On the role that distance (temporal geographical, causal, and psychological) plays in perceptions of ethics and law in warfare
On the struggle to apply IHL in the cyber context
Osborne
Osborne
Paul Fussell
Robin McCaig
Sir Frederick Smith
supra note 36 (Hull suggests that Germany gave far greater latitude to military necessity than the British)
The legality of blockade was also asserted in the authoritative
The treaty represented a compromise
There is a large literature on whether or not the American Civil War was the ‘first’ total war which goes directly to the blockade and total war argument.
Though it is difficult to quibble with the notion that perceptions of legitimacy shape state behaviour
Vejas G Liulevicius
William E Hume-Williams
William T Mallison
Publication venue: 'University of Toronto Press Inc. (UTPress)'
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