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DECLARATION OF PARIS
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See also:DECLARATION OF See also:PARIS , a statement of principles of See also:international See also:law adopted at the conclusion (16th of See also:April 1856) of the negotiations for the treaty of Paris at the See also:suggestion of See also:Count See also:Walewski, the See also:French plenipotentiary. The declaration set out that maritime law in See also:time of See also:war had See also:long been the subJect of deplorable disputes, that the uncertainty of the rights and duties in respect of it gave rise to See also:differences of See also:opinion between neutrals and belligerents which might occasion serious difficulties and even conflicts, and that it was consequently desirable to agree upon some fixed See also:uniform rules. The plenipotentiaries therefore adopted the four following principles: I. Privateering is and remains abolished; 2. The neutral See also:flag covers enemy's goods, with the exception of See also:contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to See also:capture under the enemy's flag; 4. Blockades, in See also:order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent See also:access to the See also:coast of the enemy. They also undertook to bring the declaration to the knowledge of the states which had not taken See also:part in the See also:congress of Paris and to invite them to accede to it. The See also:text of the declaration concluded as follows: " Convinced that the See also:maxims which they now proclaim cannot but be received with gratitude by the whole See also:world, the undersigned plenipotentiaries doubt not that the efforts of their governments to obtain the See also:general See also:adoption thereof will be crowned with full success." The declaration is of course binding only on the See also:powers which adopted it or have acceded to it. The See also:majority which adopted it consisted of See also:Great See also:Britain, See also:Austria, See also:France, See also:Prussia, See also:Russia, See also:Sardinia and See also:Turkey. The See also:United States See also:government declined to sign the declaration on the ground that, not possessing a great See also:navy, they would be obliged in time of war to rely largely upon See also:merchant See also:ships commissioned as war vessels, and that therefore the abolition of privateering would be entirely in favour of See also:European powers, whose large navies rendered them practicallyindependent of such aid. All other maritime states acceded to the declaration except See also:Spain, See also:Mexico' and See also:Venezuela. Although the United States and Spain were not parties to the declaration, both, during the See also:Spanish-See also:American War, observed its principles. The Spanish government, however, expressly gave See also:notice that it reserved its right to issue letters of marque. At the same time both belligerents organized services of See also:auxiliary cruisers composed of merchant ships under the command of See also:naval See also:officers. In how far this might operate as a veiled revival of the forbidden practice has now ceased to be a See also:matter of much importance, the See also:Hague See also:Conference having adopted a See also:series of rules on the subject which may be said to interpret the first of the four principles of the declaration with such precision as to take its See also:place. The New See also:Convention on the subject (See also:October 18th, 1907) sets out that, in view of the See also:incorporation in time of war of merchant vessels in combatant fleets, it is desirable to define the conditions under which this can be effected, that, nevertheless, the contracting powers, not having been able to come to an understanding on the question whether the transformation of a merchant See also:ship into a war See also:vessel may take place on the high See also:sea,2 are agreed that the question of the place of transformation is in no way affected by the rules adopted, which are as follows: See also:Art. i. No merchant ship transformed into a war vessel can have the rights and obligations attaching to this See also:condition unless it is placed under the See also:direct authority, the immediate See also:control and the responsibility of the See also:power whose flag it carries. Art. ii. Merchant ships transformed into war vessels must See also:bear the distinctive See also:external signs of war vessels of their See also:nationality. Art. iii. The officer commanding must be in the service of the See also:state, and properly commissioned by the competent authorities. His name must appear in the See also:list of officers of the combatant See also:fleet. Art. iv. The See also:crew must be subject to the rules of military discipline. Art. v. Every merchant ship transformed into a war vessel is See also:bound to conform, in its operation, to the See also:laws and customs of war. Art. vi. The belligerent who transforms a merchant ship into a war vessel must, as soon as possible, mention this transformation on the list of vessels belonging to its combatant fleet. Art. vii. The provisions of the See also:present convention are only applicable as among the contracting powers and provided the belligerents are all parties to the convention. See T. See also:Gibson See also:Bowles, Declaration of Paris (See also:London, 1900) ; See also:Sir T. See also:Barclay, Problems of International Practice and See also:Diplomacy (London, 1907), See also:chap. xv.2. (T. Additional information and CommentsThere are no comments yet for this article.
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