[Letters To """"The Times"""" Upon War And Neutrality (1881-1920) by Thomas Erskine Holland]@TWC D-Link bookLetters To """"The Times"""" Upon War And Neutrality (1881-1920) CHAPTER VI 43/89
19 of the Naval War Code of 1900 (withdrawn in 1904, for reasons not affecting the article in question), and reappears in Art.
17, amended only by the addition of a few words relating to "hostile assistance" in the draft Code which the United States delegates to the Conferences of 1907 and 1908 were instructed to bring forward "with the suggested changes, and such further changes as may be made necessary by other agreements reached at the Conference, as a tentative formulation of the rules which should be considered." (My quotation is from the instructions as originally issued in English.) Such changes as have been made in the Code are due to discussions which have taken place between high naval and legal authorities at the Naval War College.
I do not know whether the annual reports of these discussions, with which I am kindly supplied, are generally accessible, but would refer, especially with reference to the Declaration of Paris, to the volumes for 1904 and 1906. It can hardly be necessary to add that no acts of the Executive, such as the Proclamation of 1898, the order putting in force the Code of 1900, or the instructions to delegates in 1907 and 1909, amount to anything like a ratification of the Declaration in the manner prescribed by the Constitution of the United States. I have the honour to be, Sir, Your obedient servant, T.E.HOLLAND. Oxford, January 4 (1911). THE DECLARATION OF PARIS Sir,--Mr.Gibson Bowles resuscitates this morning his crusade against the Declaration of 1856.
It is really superfluous to argue in support of rules which have met with general acceptance for nearly sixty years past, to all of which Spain and Mexico, who were not originally parties to the Declaration, announced their formal adhesion in 1907, while the United States, which for well-known reasons declined to accede to the Declaration, described, in 1898, all the articles except that dealing with privateering as "recognised rules of International Law." It may, however, be worth while to point out why it was that no provision was made for the ratification of the Declaration of 1856, or for that of 1868 relating to the use of explosive bullets.
At those dates, when the first steps were being taken towards the general adoption of written rules for the conduct of warfare, it was, curiously enough, supposed that agreement upon such rules might be sufficiently recorded without the solemnity of a treaty.
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