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102

DECLARATION OF LONDON.

ART. 2. In accordance with the Declaration of Paris of 1856, a blockade, in order to be binding, must be effective—that is to say, it must be maintained by a force sufficient really to prevent access to the enemy coast.

ART. 3. The question whether a blockade is effective is a question of fact.

ART. 1. A blockade is not regarded as raised if the blockading forces are temporarily driven off by bad weather.

ART. 5. A blockade must be applied impartially to the ships of all nations.

ART. 6. The commander of a blockading force may grant to a warship permission to enter, and subsequently to leave, a blockaded port.

ART. 7. In circumstances of distress, ackowledged by an authority of the blockading forces, a neutral vessel may enter a place under blockade and subsequently leave it, provided that she has neither discharged nor shipped any cargo there.

ART. 8. A blockade, in order to be binding, must be declared in accordance with article 9, and notified in accordance with articles 11 and 16.

ART. 9. A declaration of blockade is made either by the blockading power or by the naval authorities acting in its name. It specifies—

(1) The date when the blockade begins;
(2) The geographical limits of the coast blockaded;

(3) The delay to be allowed to neutral vessels for departure. ART. 10. If the blockading power, or the naval authorities acting in its name, do not establish the blockade in conformity with the provisions, which, in accordance with article 9 (1) and (2), must be inserted in the declaration of blockade, the declaration is void, and a new declaration is necessary in order to make the blockade operative.

ART. 11. A declaration of blockade is notified

(1) To the neutral powers, by the blockading power by means of a communication addressed to the Governments themselves, or to their representatives accredited to it;

(2) To the local authorities, by the officer commanding the blockading force. These authorities will, on their part, inform, as soon as possible, the foreign consuls who exercise their functions in the port or on the coast blockaded.

ART. 12. The rules relative to the declaration and to the notification of blockade are applicable in the case in which the blockade may have been extended, or may have been reestablished after having been raised.

ART. 13. The voluntary raising of a blockade, as also any limitation which may be introduced, must be notified in the manner prescribed by article 11.

ART. 14. The liability of a neutral vessel to capture for breach of blockade is contingent on her knowledge, actual or presumptive, of the blockade.

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ART. 15. Failing proof to the contrary, knowledge of the blockade is presumed if the vessel left a neutral port subsequently to the notification of the blockade made in sufficient time to the power to which such port belongs.

ART. 16. If a vessel which approaches a blockaded port does not know or can not be presumed to know of the blockade, the notification must be made to the vessel itself by an officer of one of the ships of the blockading force. This notification must be entered in the vessel's log book, with entry of the day and hour, as also of the geographical position of the vessel at the time.

A neutral vessel which leaves a blockaded port must be allowed to pass free if, through the negligence of the officer commanding the blockading force, no declaration of blockade has been notified to the local authorities, or if, in the declaration, as notified, no delay has been indicated. 1

ART. 17. The seizure of neutral vessels for violation of blockade may be made only within the radius of action of the ships of war assigned to maintain an effective blockade.

ART. 18. The blockading forces must not bar access to the ports or to the coasts of neutrals.

ART. 19. Whatever may be the ulterior destination of the vessel or of her cargo, the evidence of violation of blockade is not sufficiently conclusive to authorize the seizure of the vessel if she is at the time bound toward an unblockaded port.

ART. 20. A vessel which in violation of blockade has left a blockaded port or has attempted to enter the port is liable to capture so long as she is pursued by a ship of the blockading force. If the pursuit is abandoned, or if the blockade is raised, her capture can no longer be effected.

ART. 21. A vessel found guilty of violation of blockade is liable to condemnation. The cargo is also liable to condemnation, unless it is proved that at the time the goods were shipped the shipper neither knew nor could have known of the intention to violate the blockade.

CHAPTER II.Contraband of war. 2 ART. 22. The following articles and materials are, without notice, regarded as contraband, under the name of absolute contraband:

(1) Arms of all kinds, including arms for sporting purposes, and their unassembled distinctive parts.

(2) Projectiles, charges, and cartridges of all kinds, and their unassembled distinctive parts.

(3) Powder and explosives specially adapted for use in war.

(4) Gun carriages, caissons, limbers, military wagons, field forges, and their unassembled distinctive parts.

(5) Clothing and equipment of a distinctive military character.

1 See 3 and 4, Italian Regulations, July 15, 1915, on p. 115.

2 The lists of articles declared contraband of war since July, 1914, have varied and have become increasingly comprehensive. The addition of an article to a list by one belligerent has usually been followed by the addition of a similar category by an oppo.

(6) All kinds of harness of a distinctively military character. (7) Saddle, draft, and pack animals suitable for use in war.

(8) Articles of camp equipment and their unassembled distinctive parts.

(9) Armor plates.

(10) Warships and boats and their unassembled parts specially distinctive as suitable for use only.in a vessel of war.

(11) Implements and apparatus made exclusively for the manufacture of munitions of war, for the manufacture or repair of arms or of military material, for use on land or sea.

ART. 23. Articles and materials which are exclusively used for war may be added to the list of absolute contraband by means of a notified declaration.

The notification is addressed to the Governments of other powers, or to their representatives accredited to the power which makes the declaration. A notification made after the opening of hostilities is addressed only to neutral powers.

ART. 24. The following articles and materials susceptible of use in war as well as for purposes of peace are, without notice, regarded as contraband of war, under the name of conditional contraband:

(1) Food.
(2) Forage and grain suitable for feeding animals.

nent. The lists of contraband of allied powers have ordinarily been made to coincide. In some instances explanations as to the meaning of certain terms have been issued.

The British list of contraband, as revised to October 14, 1915, is given below. A notification published by the French Government on the same date establishes the same list of articles to be considered contraband.

BY THE KING.

A PROCLAMATION.
Revising the list of articles to be treated as contraband of war.
GEORGE R. I.

Whereas on the 23d day of December, 1914, we did issue our royal proclamation specifying the articles which it was our intention to treat as contraband during the continuance of hostilities or until we did give further public notice; and

Whereas on the lith day of March, and on the 27th day of May, and on the 20th day of August, 1915, we did, by our royal proclamations of those dates, make certain additions to the lists of articles to be treated as contraband of war; and

Whereas it is expedient to make certain further additions to and amendments ia the said lists:

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 proclamation of the 23d day of December, as subsequently amended by our proclamations of the 11th day of March, and of the 27th day of May, and of the 20th day of August 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 erumerated in Schedule II hereto will be treated as conditional contra hand.

SCHEDULE I.

1. Arms of all kinds, including arms for sporting purposes, and their component parts.

2. Implements and apparatus designed exclusively for the manufacture of munitions of war or for the manufacture or repair of arms or of war material for use on land or sea.

3. Lathes and other machines or machine tools capable of being employed in the manufacture of munitions of war.

(3) Clothing and fabrics for clothing, boots and shoes, suitable for military use.

(4) Gold and silver in coin or bullion; paper money.

(5) Vehicles of all kinds available for use in war, and their unassembled parts.

(6) Vessels, craft, and boats of all kinds, floating docks, parts of docks, as also their unassembled parts.

(7) Fixed railway material and rolling stock, and material for telegraphs, radio telegraphs, and telephones.

(8) Balloons and flying machines and their unassembled distinctive parts, as also their accessories, articles and materials distinctive as intended for use in connection with balloons or flying machines.

(9) Fuel; lubricants. (10) Powder and explosives which are not specially adapted for use in

war.

(11) Barbed wire, as also the implements for placing and cutting the same.

(12) Horseshoes and horseshoeing materials. (13) Harness and saddlery material.

(14) Binocular glasses, telescopes, chronometers, and all kinds of nautical instruments.

ART. 25. Articles and materials susceptible of use in war as well as for purposes of peace, and other than those enumerated in articles 22

4. Emery, corundum, natural and artificial (alundum), and carborundum, in all forms.

5. Projectiles, charges, and cartridges of all kinds, and their component parts.
6. Paraffin wax.
7. Powder and explosives specially prepared for use in war.

8. Materials used in the manufacture of explosives, including: Nitric acid and nitrates of all kinds; sulphuric acid; fuming sulphuric acid (oleum); acetic acid and acetates; barium chlorate and perchlorate; calcium acetate, nitrate and carbide; potassium salts and caustic potash; ammonium salts and ammonia liquor; caustic soda, sodium chlorate and perchlorate; mercury; benzol, toluol, xylol, solvent naphtha, phenol (carbolic acid), cresol, naphthalene, and their mixtures and derivatives; aniline, and its derivatives; glycerine; acetone; acetic ether; ethyl alcohol; methyl alcohol; ether; sulphur; urea; cyanamide; celluloid.

9. Manganese dioxide; hydrochloric acid; bromine; phosphorus; carbon disulphide; arsenic and its compounds; chlorine; phosgene (carbonyl chloride); sulphur dioxide; prussiate of soda; sodium cyanide; iodine and its compounds.

10. Capsicum and peppers.

11. Gun mountings, limberboxes, limbers, military wagons, field forges, and their component parts; articles of camp equipment and their component parts.

12. Barbed wire and the implements for Gixing and cutting the same. , 13. Range-finders and their component parts; searchlights and their component parts. 14. Clothing and equipment of a distinctively military character.

15. Saddle, draft, and pack animals suitable, or which may become suitable, for use in war.

16. All kinds of harness of a distinctively military character.

17. Isides of cattle, bullaloes, and horses; skins of calres, pigs, sheep, goats, and deer; and leather, undressed or dressed, suitable for saddlery, harness, military boots, or military clothing; leather belting, hydraulic leather, and pump leather.

18. Tanning substances of all kinds, including quebracho wood and extracts for use in tanning.

19. Wool, raw, combed or carded; wool waste; wool tops and noils; woolen or worsted yarns; animal hair of all kinds, and tops, noils and yarns of animal hair.

106

DECLARATION OF LONDON.

and 24, may be added to the list of conditional contraband by means of a declaration, which must be notified in the manner provided for in the second paragraph of article 23.

ART. 26. If a Power waives, so far as it is concerned, the right to regard as contraband of war articles and materials which are comprised in any of the classes enumerated in articles 22 and 24, it shall make known its intention by a declaration notified in the manner provided for in the second paragraph of article 23.

Art. 27. Articles and materials which are not susceptible of use in war are not to be declared contraband of war.

ART. 28. The following are not to be declared contraband of war:

(1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textile industries, and also yarns of the same.

(2) Nuts and oil seeds; copra.
(3) Rubber, resins, gums, and lacs; hops.
(4) Rawhides, horns, bones, and ivory.

(5) Natural and artificial manures, including nitrates and phosphates for agricultural purposes.

(6) Metallic ores.

(7) Earths, clays, lime, chalk, stone, including marble, bricks, slates, and tiles.

(8) Chinaware and glass.
(9) Paper and materials prepared for its manufacture.

(10) Soap, paint, and colors, including articles exclusively used in their manufacture, and varnishes.

20. Raw cotton, linters, cotton waste, cotton yarns, cotton piece goods, and other cotton products capable of being used in the manufacture of explosives.

21. Flax; hemp; ramie; kapok.

22. Warships, including boats and their component parts of such a nature that they can only he vised on a vessel of war.

23. Submarine sound-signaling apparatus. 24. Armor plates.

25. Aircraft of all kinds, including aeroplanes, airships, balloons and their component parts, together with accessories and articles suitable for use in connection with aircraft.

26. Motor vehicles of all kinds and their component parts.

27. Tires for motor vehicles and for cycles, together with articles or materials especially adapted for use in the manufacture or repair of tires.

28. Mineral oils, including benzine and motor spirit.

29. Resinous products, camphor and turpentine (oil and spirit); wood tar and woodtar oil.

30. Rubber (including raw, waste, and reclaimed rubber, solutions and jellies containing rubber, or any other preparations containing rubber, balata, and gutta-percha, and the following varieties of rubber viz, Borneo, Guayule, Jelutong, Palembang, Pontianac, and all other substances containing caoutchouc), and goods made wholly or partly of rubber.

31. Rattans. 32. Lubricants. 33. The following metals: Tungsten, molybdenum, vanadium, sodium, nickel, selenium, cobalt, hæmatite pig iron, manganese, electrolytic iron, and steel containing tung. sten or molybdenum.

31. Asbestos. 35. Aluminum, alumina, and salts of aluminium 36. Antimony, together with the sulphides and oxides of antimony. 37. Copper, unwrought and part wrought; copper wire; alloys and compounds of copper.

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