INTRODUCTORY CHAPTER. =
some 5,000 names—far in excess of the number in the
British lists.
No cases on blockade occurred in the English Prize
Court during the whole course of the war; the so-called
* blockade >> of the Central Powers was effected by the
retaliatory measures embodied in the Orders in Council
of March 11, 1915, and February 16, 1917. The validity
of these Orders was decided by the Prize Court in the
cases of The Stigstad * and The Leonora ® respectively ;
and both in the learned judgments of Sir Samuel Evans
and of the Judicial Committee of the Privy Council the
right of retaliation for unlawful measures adopted by an
enemy was affirmed, thus following the precedents set
by Lord Stowell. The right of retaliation is a right of
the belligerent, not a concession by the neutral, and
the measures taken under the Orders in Council did not
subject neutrals to more inconvenience than was reason-
ably necessary under the circumstances. Neutrals have
their rights, but they also have their duties ; they may
proclaim vociferously their losses, but they do not speak
loudly of their gains, as Sir Samuel Evans said in his
remarkable judgment in The Leonora. The validity
of the French retaliatory decrees, which corresponded
to the British Orders in Council, was not contested in
the French Prize Court. The Italian Prize Courts, as
Dr. Colombos states, supported their measures of
retaliation on similar principles to those laid down by
the English Prize Court, restricting the use of this
dangerous weapon to cases where the obligations of
humanity were not violated and they conformed to the
rules of law.*
2 [1919] A. C. 279. 3 [1919] A. C. 974.
4 See post, p. 248.
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