INTRODUCTORY CHAPTER.
right of belligerents to visit and search all neutral
merchant ships, was affirmed by the British Prize Courts
in several cases; and it was laid down by the Privy
Council that search at sea in the late war was practically
impossible, and that sending into port for search was
almost universal.® French, Italian, Roumanian, and
German Prize Courts maintained the same principle.
An examination of the cases relating to Contraband set
forth in the following pages, and more especially when
they are read in detail in the Law Reports, will show
the impossibility of relying on methods found sufficient
in the days of sailing ships of small tonnage. But safe-
guards against abuse of this right are undoubtedly
required. In British Prize procedure aggrieved neutrals
can apply to the Court for damages where there has
been unreasonable diversion, undue delay, or unnecessary
interference with the ship’s voyage, and in a certain
number of cases damages were awarded. But in the
case of some other Prize Courts, unless the vessel is
actually seized in Prize, the neutral owner can only invoke
the assistance of his Government to obtain redress by
diplomatic means. Dr. Colombos gives some examples
of the means which associations of shipowners and
merchants took to reduce the inconvenience occasioned
by visit and search under the new conditions. Means
must be devised to remove friction between neutrals
and belligerents in this matter, and the precedents of
the late war will prove valuable. The suggestion made
for certificates to be issued by neutral Governments
evidencing the innocence of the cargo will not, in my
opinion, prove acceptable to all States. The system of
6 The Zamora, [1916] A. C. 77; The Elve and The Bernisse, 3 B. &
GC. P. C. 517.
GQ rz,
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