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Hematite iron ore,
Hides and skins, raw or rough tanned (but not including dressed leather).
As regards the inclusion of the iron ores, Sweden complained that these articles were on the "free list" established by Article 28 of the Declaration of London, and that her merchants would be very seriously injured if the prohibition in the trade of these ores were maintained. There can be, however, little doubt that these ores come within the principle of contraband, because they are extensively used in the manufacture of armament; and, as the Declaration as a whole is not a binding part of international law, it is still open to a belligerent to declare as contraband whatever is in fact capable of use for military purposes. The English Government, pending a more definite settlement of the list of contraband for the time permitted the trade in iron ores from Sweden. But on October 29th two fresh Orders in Council were issued repealing the two earlier Orders about the Declaration of London, and establishing new lists of contraband, both absolute and conditional, and making a number of needed modifications of the rules of the Declaration. The Orders, which represent the considered British attitude toward contraband during the war, and which were followed by the Allies in their dealings with neutrals, read as follows:
Whereas on the fourth day of August, 1914, we did issue our Royal Proclamation specifying the articles which it was our intention to treat as contraband of war during the war between us and the German Emperor; and
Whereas on the twelfth day of August, 1914, we did by our Royal Proclamation of that date extend our Proclamation afore-mentioned to the war between us and the Emperor of Austria, King of Hungary; and
Whereas on the twenty-first day of September, 1914, we did by our Royal Proclamation of that date make certain additions to the list of articles to be treated as contraband of war; and
Whereas it is expedient to consolidate the said lists and to make certain additions thereto:
Now, Therefore, we do hereby declare, by and with the advice of our Privy Council, that the lists of contraband contained in the schedules to our Royal Proclamations of the fourth day of August and the twentyfirst day of September aforementioned are hereby withdrawn, and that in lieu thereof during the continuance of the war or until we do give further public notice the articles enumerated in Schedule I hereto will be treated as absolute contraband, and the articles enumerated in Schedule II hereto will be treated as conditional contraband.
1. Arms of all kinds, including arms for sporting purposes, and their distinctive component parts.
2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts.
3. Powder and explosives specially prepared for use in war.
4. Sulphuric acid.
5. Gun mountings, limber boxes, limbers, military wagons, field forges and their distinctive component parts.
6. Range-finders and their distinctive component parts.
7. Clothing and equipment of a distinctively military character.
8. Saddle, draught, and pack animals suitable for use in war.
9. All kinds of harness of a distinctively military character.
10. Articles of camp equipment and their distinctive component parts.
11. Armour plates.
12. Haematite iron ore and haematite pig iron.
13. Iron pyrites.
14. Nickel ore and nickel.
15. Ferrochrome and chrome ore.
16. Copper, unwrought.
17. Lead, pig, sheet, or pipe.
20. Barbed wire and implements for fixing and cutting the same.
21. Warships, including boats and their distinctive component parts of such a nature that they can only be used on a vessel of war.
22. Aeroplanes, airships, balloons, and aircraft of all kinds, and their component parts, together with accessories and articles recognizable as intended for use in connection with balloons and aircraft.
23. Motor vehicles of all kinds and their component parts.
24. Motor tires; rubber.
25. Mineral oils and motor spirit, except lubricating oils.
26. Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land and sea.
2. Forage and feeding stuffs for animals.
3. Clothing, fabrics for clothing, and boots and shoes suitable for use in war.
4. Gold and silver in coin or bullion; paper money.
5. Vehicles of all kinds, other than motor vehicles, available for use in war, and their component parts.
6. Vessels, craft, and boats of all kinds; floating docks, parts of docks, and their component parts.
7. Railway materials, both fixed and rolling stock, and materials for telegraphs, wireless telegraphs, and telephones.
8. Fuel, other than mineral oils. Lubricants.
9. Powder and explosives not specially prepared for use in war.
12. Horseshoes and shoeing materials.
13. Harness and saddlery.
14. Hides of all kinds, dry or wet; pigskins, raw or dressed; leather, undressed or dressed, suitable for saddlery, harness, or military boots.
15. Field glasses, telescopes, chronometers, and all kinds of nautical instruments.
Whereas by an Order in Council dated the 20th day of August, 1914, His Majesty was pleased to declare that during the present hostilities the Convention known as the Declaration of London should, subject to certain additions and modifications therein specified, be adopted and put in force by His Majesty's Government; and
Whereas the said additions and modifications were rendered necessary by the special conditions of the present war; and
Whereas it is desirable and possible now to re-enact the said Order in Council with amendments in order to minimize, so far as possible, the interference with innocent neutral trade occasioned by the war:
Now, Therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, as follows:—
1. During the present hostilities the provisions of the Convention known as the Declaration of London shall, subject to the exclusion of the lists of contraband and non-contraband, and to the modifications hereinafter set out, be adopted and put in force by His Majesty's Government.
The modifications are as follows:—
(i.) A neutral vessel, with papers indicating a neutral destination, which, notwithstanding the destination shown on the papers, proceeds to an enemy port, shall be liable to capture and condemnation if she is encountered before the end of her next voyage.
(ii.) The destination referred to in Article 33 of the said Declaration shall (in addition to the presumptions laid down in Article 34) be presumed to exist if the goods are consigned to or for an agent of the enemy State.
(iii.) Notwithstanding the provisions of Article 35 of the said Declaration, conditional contraband shall be liable to capture on board a vessel bound for a neutral port if the goods are consigned "to order," or if the ship's papers do not show who is the consignee of the goods or if they show a consignee of the goods in territory belonging to or occupied by the enemy.
(iv.) In the cases covered by the preceding paragraph (iii.) it shall lie upon the owners of the goods to prove that their destination was innocent.
2. Where it is shown to the satisfaction of one of His Majesty's Principal Secretaries of State that the enemy Government is drawing supplies for its armed forces from or through a neutral country, he may direct that in respect of ships bound for a port in that country, Article 35 of the said Declaration shall not apply. Such direction shall be notified in the "London Gazette," and shall operate until the same is withdrawn. So long as such direction is in force, a vessel which is carrying conditional contraband to a port in that country shall not be immune from capture.
3. The Order in Council of the 20th August, 1914, directing the adoption and enforcement during the present hostilities of the Convention known as the Declaration of London, subject to the additions and modifications therein specified, is hereby repealed.
The fists of contraband at first sight offer the appearance of a large extension of the doctrine of prohibited trading by neutrals with the enemy; but, on examination, it is submitted that the changes are in accord with the general principles which governed the scheme of the Declaration. Articles exclusively or mainly used for warlike purposes during war may be declared absolute contraband, while articles susceptible of use for war, though also required for civil purposes, may be declared conditional contraband. The list of absolute contraband in the Declaration of London (which was drawn up five years ago) failed to meet the actual need of belligerents today, because it did not foresee the vital part which motor traffic would play in military operations, and it failed also to prohibit the trade in articles, which though not immediately munitions of war, are essentially required for the manufacture of munitions. The new list remedies this defect, while the addition to the list of conditional contraband of hides, pigskins and leather suitable for saddlery, harness or military boots is obviously reasonable. The fresh presumptions of hostile destination set up by Modification iii, where goods are consigned to order or the ship's papers do not show any consignee, are a new, but a justifiable application of the doctrine of continuous voyage, which the modern circumstances of commerce in war have called for. Merchants engaged in contraband trade today are skillful enough to hide the enemy destination, and the belligerent can only protect himself either by a more rigorous control on the sea of neutral trade which has not a clearly innocent destination or by inducing neutral states to assist in checking the noxious trade of their subjects. The latter way was the object aimed at in Article 2 of the order, and, in fact, the publication of the order was followed by ordinances passed in Denmark, Holland and Sweden to prohibit the exportation from those countries of goods which were contraband. In this way, their sea-borne commerce was protected against excessive interference while the belligerent's need was satisfied.
It is notable that articles, whether of absolute or conditional contraband, which were seized in neutral vessels bound for the enemy country at the outbreak of hostilities, have not been confiscated, but, as is provided for in Article 43 of the Declaration, are condemned subject to the payment of compensation and that whether the ship was taken at sea or in the belligerent's port. If the owner were a person living in the enemy country, the payment of compensation is suspended till the conclusion of war, because of the rule against making payments to an enemy subject. And the cargo owner takes the proceeds of the contraband cargo subject to the payment of the ship's freight, the English prize rule being that the ship is entitled to her freight, although the goods have not been brought to their destination, if she was prevented from carrying them there solely by the disability of the goods.
Apart from contraband, the chief topic among those covered by the Declaration of London which has become of practical concern in the early stages of the war is that of transfer to a neutral flag after the outbreak of hostilities. The rules of the Declaration on this point are more rigid and more severe against attempted transfers than the old English prize rule. By Article 56, the transfer of an enemy vessel to a neutral flag in war time is void, unless it is proved that it was not made in order to evade the consequences to which an enemy vessel is exposed, i. e., capture by the public ships of the belligerent; whereas, by the former English rule, these transfers were valid if made bona fide and by out and out sale in a neutral or enemy port other than a blockaded port. It was in virtue of the new rule that the English Government originally pro