ping, and also restricts the nature of the mines used against the enemy, opinion has become more and more opposed to either blockading a port by mines or their general use in waters outside of those within the area of siege operations. Germany made a reservation as to this article and cannot be considered as bound by it. By this Hague convention it is not only "forbidden to lay unanchored automatic contact mines, except where they are so constructed as to become harmless one hour at most after those who laid them have lost control of them," but: "The belligerents undertake to provide, as far as possible, that these mines shall become harmless within a limited time, and should they cease to be under surveillance to notify the danger zones as soon as military exigencies permit by a notice to mariners which must be communicated to the governments through the diplomatic channels." 1 The statement made by the Chinese delegation in regard to the mines used in the Russo-Japanese War is worthy of repetition: "The Chinese Government is even to-day obliged to furnish vessels engaged in coastal navigation with special apparatus to raise and destroy floating mines which are found not only on the open sea but even in its territorial waters. In spite of the precautions which have been taken, a very considerable number of coasting vessels, fishing-boats, junks, and sampans have been lost with all hands, without the details of these disasters being known to the Western world. It is calculated from five to six hundred of our countrymen engaged in their peaceful occupations have there met a cruel death in consequence of these dangerous engines of war." 2 The opening to neutrals of trade closed in peace has been discussed in a preceding chapter. As it has been left an open question, those powers favoring the revival of the rule of 1756 1 Higgins, "Hague Conferences," p. 324. 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 Waters— Higgins, "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. 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. K.: “Le droit international codifié," Paris, 1895. "Das moderne Völkerrecht," 1868 (Bluntschli). 66 "Le congrès de Berlin." Bonfils: "Manuel de droit international public," 6th ed., Paris, 1911. Bowles, T. G.: "The Declaration of Paris of 1856," London, 1900. 66 "Sea Law and Sea Power." Brightley: "Digest of Laws." "British and Foreign State Papers." Burnell and Hopkins: "Ordinances of Manu," London, 1891. Butler, C. H.: "Treaty Making of the United States," 2 volumes, 1902. Calvo, C.: "Le droit international théorique et pratique," in 6 volumes, 5th ed., Paris, 1896 (Calvo). Chadwick, F. E., Admiral: "The Relations of the United States and Spain, Diplomacy of," New York, 1909. "Compilation of Treaties of the United States in Force," 1904. Constitution of the United States. Consular Regulations of the United States, Washington, 1896. Coolidge, A. C.: "The United States as a World Power," New York, 1908. Crandall, S. B.: "Treaties, Their Making and Enforcement," New York, 1904. 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"). 66 "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 66 "The Essentials of International Public Law," New York, 1912 (Hershey, "Essentials"). Hertslet, Sir Edward: "Map of Europe by Treaty since 1814," London (Hertslet). |