On the conclusion of the Treaty of Paris on 30 March 1856 which ended the Crimean War (1853-1856), the Plenipotentiaries also signed the present Declaration. It is the outcome of a modus vivendi which was adopted between France and the United Kingdom in 1854 and was originally intended for the Crimean War. Both Powers recognized that they would not seize enemy goods on neutral vessels nor neutral goods on enemy vessels. The belligerents furthermore proclaimed that they would not issue letters of marque. The Declaration of Paris confirmed these rules and added to them the principle that blockades, in order to be binding, must be effective. Virtually all States acceded to the Declaration. The United States, which aimed at a complete exemption of private property from capture at sea, withheld its formal adherence, its amendment not having been accepted by all the Powers. In 1861, at the beginning of the Civil War, the United States announced nevertheless that it would respect the principles of the Declaration for the duration of the hostilities. Equally, in 1898 during the war against Spain, it was affirmed that the policy of the government of the United States would be to abide by the provisions of the Declaration throughout the hostilities. The rules laid down in the Declaration were later considered as part of general international law and even the United States, which is not formally a party thereto, abides by its provisions. Declaration Respecting Maritime Law. Paris, 16 April 1856. Declaration The Plenipotentiaries who signed the Treaty of Paris of the thirtieth of March, one thousand eight hundred and fifty-six, assembled in Conference, -- Considering: That maritime law, in time of war, has long been the subject of deplorable disputes; That the uncertainty of the law and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts; That it is consequently advantageous to establish a uniform doctrine on so important a point; That the Plenipotentiaries assembled in Congress at Paris cannot better respond to the intentions by which their Governments are animated, than by seeking to introduce into international relations fixed principles in this respect; The above-mentioned Plenipotentiaries, being duly authorized, resolved to concert among themselves as to the means of attaining this object; and, having come to an agreement, have adopted the following solemn Declaration: 1. Privateering is, and remains, abolished; 2. The neutral flag covers enemys goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemys flag; 4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy. The Governments of the undersigned Plenipotentiaries engage to bring the present Declaration to the knowledge of the States which have not taken part in the Congress of Paris, and to invite them to accede to it. Convinced that the maxims which they now proclaim cannot but be received with gratitude by the whole world, the undersigned Plenipotentiaries doubt not that the efforts of their Governments to obtain the general adoption thereof, will be crowned with full success. The present Declaration is not and shall not be binding, except between those Powers who have acceded, or shall accede, to it. Done at Paris, the sixteenth of April, one thousand eight hundred and fifty-six. (Here follow signatures) https://icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=473FCB0F41DCC63BC12563CD0051492D
Posted on: Tue, 27 Jan 2015 03:38:24 +0000
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