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 at all times, outside belligerent jurisdiction, and that only the authorities of the neutral port were entitled to stop contraband on its way to a belligerent force. He did not, however, press the point, and only reserved the right of raising it at a future date. It was fully discussed at the London Conference of 1908–1909. In order to effect a compromise between conflicting theories and practice, a distinction was made in the declaration between absolute and conditional contraband, the doctrine of continuous voyages not being applicable to conditional contraband when documented to be discharged at a neutral port, except where the enemy country has no seaboard (Declaration of London, arts. 30 to 36).

Unneutral Service.—Under this heading the London Conference of 1908–1909, concerning the laws of naval War, dealt with analogues of contraband, and neutral vessels assisting or in the service of the enemy. The articles adopted are as follows:—

The procedure employed to ascertain whether a neutral vessel carries contraband or not is called Visit and Search (see ), a belligerent right universally recognized and justified by the considerations that merchant ships of the enemy might evade capture by hoisting a neutral flag, if the belligerent had not the right of ascertaining

the real character of the ship, and that private neutral vessels might carry contraband goods and generally help the enemy, if the belligerent had not the right of examining their cargo. All neutral private vessels in time of war are liable to visit by belligerent warships on the high seas and in the territorial waters of the belligerents, but not in the territorial waters of neutral states. Neutral public ships are not liable to visit (see above as to neutral public ships, mail ships, and convoy). Visit and search must be effected at every stage with “as much consideration as possible” (Herr von Bülow, in Reichstag, 19th January 1900). The visiting officer first examines the ship’s papers. If satisfied that the vessel is not liable to detention, he immediately quits her. If not so satisfied, he proceeds to search her. If in the course of the search he is satisfied that the vessel is not liable to detention, the search is immediately discontinued. The visiting officer has the right to inspect any lockers, stores or boxes, and in case of refusal to open them he is justified in using such coercive measure as the case warrants. If after the visit and search the commander has reason to entertain suspicion he gives the master an opportunity of explanation, and if the explanation is unsatisfactory he detains the vessel. If the seizure turns out after all not to have been justified, the ship and cargo are immediately released and compensation is due for the loss through the detention. In the case of the stoppage and search of German vessels during the South African War, the German government proposed the appointment of arbitrators to decide upon the claims for compensation but this was an innovation to which the British government did not assent.

Resistance to search entails consequences which Art. 63 of the Declaration of London (1908–1909) has expressed as follows:—

The consequence of carrying contraband are capture, trial by a belligerent prize court, and possible confiscation of the ship and cargo, or of the cargo alone or of a part of the cargo, according to the facts of the case. All are agreed as to articles which are absolute contraband being liable to capture. As regards conditional contraband,

British law, in so far, at least, as concerns “naval and victualling stores,” is less severe, the Lords of the Admiralty being entitled to purchase such stores without condemnation in a prize court. In practice such purchases are made at the market value of the goods, with an additional 10% for loss of profit. This proceeding is known in International Law as the right of pre-emption. It is not, however, as yet officially recognized on the continent of Europe, though the need of some palliative for confiscation, in certain cases, is felt, and some continental jurists, moved by the same desire to distinguish unmistakable from so to speak constructive contraband, and protect trade against the vexation of uncertainty, have tried to argue conditional contraband away altogether.

The tendency, however, among the majority of continental authorities is seen in the rule drawn up in 1895, after several years of discussion, by the Institute of International Law, a body composed exclusively of international jurists of acknowledged standing. The majority which adopted it represents authoritative opinion in Germany, Denmark, Italy, Holland and France, showing that the old antagonism between the British and continental views on conditional contraband has ceased to exist. To prevent confusion the Institute declares conditional contraband abolished, and then adds that “nevertheless, the belligerent has, at his option and on condition of paying an equitable indemnity, a right of sequestration or pre-emption as to articles (objets) which, on their way to a port of the enemy, may serve equally for use in war or in peace.” The proposed rule goes beyond the directions of the British Prize Act, and it could only come into operation under a verbal alteration of the Declaration of Paris, under which “contraband” alone is excepted from the protection of the neutral flag, a fact which seems to have escaped the notice of the Institute. British prize law is at present governed by the Prize Act of 1864. This act must be overhauled to meet the requirements of the new international law of the subject; the creation of an International Court of Appeal and the new rules adopted by the conferences of the Hague and London will make many changes necessary.

Absolute Duties of Neutrals.—The very sense of neutrality obviously implies abstention from direct corporate assistance. The duty of neutral states to enforce respect for their territory has become a very serious one. A belligerent cannot be allowed to cross the neutral frontier or carry on war operations in neutral waters, without the same right being granted to the other belligerent. Pursuit of one force by the other would amount, to waging war on the neutral territory. It is agreed among nations that the avoidance of such a contingency is in the interest of them all. During the Franco-German War both France and Germany,