will, in all probability, capture neutral vessels engaged in a trade closed to them in peace and proceed to have them condemned as enemy vessels. If the international prize-court should be in existence the matter will doubtless be referred to it for decision in accordance with equity and justice. Otherwise there is no refuge but the universal agreement to exempt all mercantile shipping from capture; but even this is subject to the possibility of such action by neutral vessels being construed as unneutral service. The launching of projectiles and explosives from balloons is prohibited until the end of the next Hague conference to the signatory powers which have accepted The Hague declaration upon the subject. But seventeen states refused to sign this declaration and retain the right to make use of this method of warfare against such places as are defended. Among these are Germany, France, Italy, Japan, Russia, Spain, Servia, Montenegro, and Rumania. Great Britain, Belgium, AustriaHungary, and the United States are signatory states to the declaration, but are not bound in their action in case of war with non-signatory powers. The question of the treatment of submarine cables in time of war has been discussed elsewhere. There has been no general convention upon the subject, but it is hoped that the rules adopted in the Naval War Code of 1900 may be followed in common practice. TOPICS AND REFERENCES 1. General Discussion of Open and Unsettled Questions in Maritime Warfare Westlake, 2d ed., vol. II, chap. XI. Higgins, "Hague Conferences," 1-4. "Capture at Sea," by Earl Loreburn, 1913, 18-77, 153 174. 2. Days of Grace at the Outbreak of War Higgins, "War and the Private Citizen," 28-30. Higgins, "Hague 3. The Question of Domicile or Nationality as Determining Factor in Maritime Capture Moore's "Digest," vol. VII, 424-434. Oppenheim, 2d ed., vol. II, 115-117. Hershey, "Essentials," 443-5 and notes. 4. Conversion of Merchantmen into Vessels of War upon the High Seas and in Neutral Ports Higgins, "Hague Peace Conferences," 308-321. Naval War College, "Topics," etc., 1913, 148-153. Higgins, "War and the Private Citizen," 113-165. 5. The Use of Floating Mines on the High Seas and Friendly WatersHiggins, "Hague Peace Conferences," 322-354. Naval War College, "Topics," etc., 1908, 98-113. Westlake, 2d ed., vol. II, 312-317. LIST OF AUTHORITIES CONSULTED WITH ABBREVIATIONS IN PARENTHESIS American Journal of International Law (A. J. I. L.). "American State Papers-Foreign Relations.' "Annuaire de l'Institut de droit international" (Annuaire). Atherly-Jones, L. A.: "Commerce in War," 1907. Baty, T.: "International Law," London, 1909. 66 66 Bentwich, Norman: "Law of Private Property in War," London, 1907. "The Declaration of London," London, 1911. Bernard, M.: "Four Lectures on Diplomacy," London, 1868. Blackstone, Sir W.: "Commentaries on the Laws of England." Bluntschli, J. 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Curzon, G. N. C., Lord: "Frontiers," Oxford, 1907 (Lord Curzon). Dana, Richard Henry. See 8th edition of Wheaton. Davis, George B., General: "The Elements of International Law," 3d ed., New York, 1907 (Davis, "Int. Law"). "Diplomatic Instructions of the United States." Ellis, Wilmot E.: “Aerial Land and Aerial Maritime Warfare,” A. J. I. L., April, 1914. "Encyclopædia Britannica," 11th ed., Cambridge, England, 1910-11 (Encycl. Brit.). Fanchilli: "De Blocus Maritime," Paris, 1882. Fenwick, Charles G.: "The Neutrality Laws of the United States," Washington, 1913. Ferguson, J. H.: "Manual of International Law," in 2 volumes. Hong Kong, 1884-5 (Ferguson). Field, David Dudley: "Outlines of an International Code," 2d ed., New York, 1876. Fiore, P.: "Le droit international codifié et sa sanction juridique," translated in French from the Italian, Paris, 1911. "Foreign Relations of the United States, 1776-1876," Washington. Foster, John W.: "The Practice of Diplomacy," 1906. Fyffe, C. A.: "A History of Modern Europe," in 3 volumes, New York, 1881, 1890. "Geneva Arbitration," 1871. Geneva Conventions of 1864-1906. See Higgins, "Hague Peace Con ferences." Grotius, Hugo, translation by Whewell, in 3 volumes, Cambridge, 1853 (Grotius). Hague Conventions of 1899 and 1907, in Higgins, "Hague Peace Conferences." Hall, W. E.: "A Treatise on International Law," Oxford, 6th ed. by J. B. Atley, 1909 (Hall, “Int. Law”). "Foreign Powers and Jurisdictions of the British Crown," 4th ed., Oxford, 1895. Halleck, General H. W.: "International Law," in 2 volumes, 3d ed. by Baker, London, 1893 (Halleck, 3d ed., Baker). Harcourt, Sir William: "Letters of Historicus on Some Questions of International Law," London, 1863 (Historicus). Harris, Thomas L.: "The Trent Affair," Indianapolis, 1896. Hazeltine: "Law of the Air," 1911. Hazen, C. D.: "Europe since 1815," New York, 1910. Hershey, A. S.: "The International Law and Diplomacy of the RussoJapanese War," New York and London, 1906 (Hershey's "Russo-Japanese War"). 66 "The Essentials of International Public Law," New York, 1912 (Hershey, "Essentials"). Hertslet, Sir Edward: "Map of Europe by Treaty since 1814," London (Hertslet). Higgins, A. P.: "The Hague Peace Conferences," etc., Cambridge, 1909 (Higgins, "Hague Conferences"). 66 66 "The Binding Force of International Law." "War and the Private Citizen," London, 1912. Hill, David J.: "A History of Diplomacy," etc., in 2 volumes, New York and London, 1905-6. Holland, T. E.: "The Laws of War, Written and Unwritten." Hosack, J.: "On the Rise and Growth of the Law of Nations," London, 1892. Hunt, Gaillard: "The American Passport," Washington, 1898. "The History of the Department of State," Yale University Press, 1914. "Instructions for the Government of the Armies of the United States in the Field" (1863), by Francis Lieber, Appendix, Davis, "International Law," 3d ed. "Instructions to the Diplomatic Officers of the United States," 1897. Journals of the United States House of Representatives. Kent, James: "Commentary on International Law," 2d ed., Cambridge and London, 1878 (Kent, "Com."). Lampredi, quoted by (Historicus). Lanfrey, Pierre: "The History of Napoleon the First," in 4 volumes, New York, 1894. Laurent, F.: "Etudes sur l'histoire de l'humanité," in 18 volumes, Paris, 1865-80 (Laurent's "Etudes"). Lawrence, Thomas J.: "Essays on Some Disputed Questions of International Law" (Lawrence's "Essays"). 66 66 66 "Principles of International Law," 4th ed., 1911 (Lawrence's "Principles"). "International Problems and Hague Conferences," London, 1908. "War and Neutrality in the East," 2d ed., New Lee, Blewett: "Sovereignty of the Air," A. J. I. L., July, 1913. Lorimer, James: "The Institutes of the Law of Nations," in 2 volumes, Lushington, G.: "Manual of Prize Law." Machiavelli, Niccolo: "Il Principe," ed. by L. A. Burd, Oxford, 1891. Mahan, A. T., Admiral: "The Influence of Sea Power upon History," Boston, 1892. |