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THE CHINA MAIL, JANUARY 4, 1939.
The China tail
Ninety-Third Year of Publication
SA Wyndham Street, Hong
Telephone 20022
London Office:
side world, and so reducing his | power of resistance. These actions are blockade and the prevention of contraband trading.
The Kong.mittee's Plan of August last per- Non-intervention. Com-
mits the Spanish parties, subject to the condition regarding volun- teers mentioned, to institute
7, Garrick Street, London, W.C.2 blockades provided they observe
A
Notice To Contributors.
6.
"the recognised rules of interna- All communications intended for fessor. Brierly, it is doubtful tional law." According to Pro- publication should be addressed to whether either party is in a posi- the Editor, and be accompanied by tion to maintain a blockade ac- the Writer's Name and Address,cording to these rules. It is not not necessarily for insertion but ascertain, he points out, that either a guarantee of good faith.
of them is strong enough in ships to make a blockade "effective," and the Plan expressly reminds that in using aircraft the recog~· nised rules must be observed. These rules would not allow blockade to be made "effective" by bombing blockade-breaking ships from the air, for ships cannot legally be sunk, either
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a
Hong Kong, Wednesday, Jan. 4, 1939. from the air or otherwise, mere-
BELLIGERENT RIGHTS
ly because they are trying to break blockade.
"These practical difficulties of instituting a blockade which would be legally binding," de- The problem of meeting Gen-clares Professor. Brierly, "make eral Franco's claim that he the right to do so, which the should be granted belligerent Plan fully concedes, a not very [rights is assuming increasing im- valuable concession from the portance in the international out-point of view of either of the look, especially in view of the parties, with the result that the coming discussion between the really important issue turns upon Prime Minister, Mr. Chamber-the other right-the right to lain, and Signor Mussolini. capture ships engaged in con-
In the legal sense of the term, traband trading." the contending parties in a civil The Nationalists, according to disturbance, such as the war in the latest cable news, claim that Spain is still officially pretented they could themselves make the to be, are not "belligerents." blockade "effective," but the gen They cannot, therefore, legally [eral view in official quarters in exercise the right of search of Britain appears to be that this ships for contraband, or any other cannot be done without assistance belligerent right against neu-from elsewhere, and that this trals. When, however, a civil war would naturally introduce grave reaches the dimensions of, and and incalculable factors.
is waged in the manner of, an The Plan of August, however, international war, as is the case proposes important limitations in Spain to-day, it is usual for with regard to the right to cap other States to regard it as equi-[ture ships engaged in contraband valent to an international war, to trading. Full belligerent rights in recognise both the contending this respect would entitle the parties as entitled to the status parties to do two things which of belligerents, and, consequent-the Plan says that they are not ly, to accept for themselves the to do. First, they would be en- obligation, and also, of course, the titled to make their own lists of rights, of neutrals.
contraband goods. They might, Two factors have prevented Professor Brierly points out, this course from being followed treat as contraband any goods in in Spain-the complications in-process of carriage to the other troduced by foreign intervention, side which were likely to be use- and the fact that, in view of the ful in prosecuting the war; and ideological issues involved, many in a modern war, when the whole people feel that a recognition of resources, and practically the belligerency would imply recogni- whole population, are engag- tion of the justice of General ed in war service of one kind or Franco's cause. Actually, how-another, there are very few goods ever, recognition of belligerency which do not fall under this des- simply implies recognition of a cription. fact..
But the Plan requires both Because of the desire to local-sides to accept a list of contra- ise the Spanish conflict, certain band limited to the goods of Powers have throughout been which the export to Spain is pro- very reluctant to admit that Gen-hibited under the Non-interven- eral Franco has any belligerent tion Agreement-that is to say, rights at all. Only after many arms and actual munitions of months of discussion was the war. Nothing else, such as food British Plan for Spain adopted or any of the many commodities last August by the Non-interven-which sustain the economic life tion Committee in London, under of a country, is to be treated as the chairmanship of Lord Ply-contraband. Such-things could be mouth. This plan laid down, first, kept out, if at all, only under the that the belligerent rights of the right of blockade. Nationalists should be recognised The second point is that full when the withdrawal of foreign belligerent rights would entitle volunteers had made "substantial the Spanish parties, under the progress," and, secondly, that, doctrine of Continuous Voyage, when recognised, these rights to treat as contraband goods should be limited in certain im-whose ultimate destination could portant respects.
be proved to be the territory of
For practical purposes, as the other side, even though their Professor J. L. Brierly, the Eng-immediate destination might be lish international jurist, has re-to some neutral port from which cently pointed out, when General they would reach the other side Franco demanda belligerent rights only after, transhipment or even he has in mind two kinds of by overland carriage. The Plan, action which international law however, requires both parties to allows a belligerent to take for undertake not to interfere with the purpose of cutting off the any ship not at the time proceed- trade of his enemy with the out-ing to or from a Spanish port.
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