New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-06
Failure TO Outline Position
Would Hamper Prose
cutiOn of Claims.
NEW RULES NEEDED
FOR NEW SITUATION
Activities of Submarines Create
Problems TO Solve Which
No PrecedentS Exist.

Nashington, REQ. .. II tne fights
Of the citizens OF the United States are
to be protected and the basis laid for
:he prosecution OF claims against Ger
many in the event OF the destruction
Of American vessels in the designated
war zone" protest against the dec
laration Of the German Admiralty will
be inevitable, according 70 the views
expressed tonight by one Of the most
distinguished authorities on interna-
tional law on this side Of the water.
Failure on the part Of the United
States government to make the pro-
test might be construed, it is held, as
acceptance Of the validity Of the Ger
man declaration. This fact would
hamper the prosecution OF claims made
in the future on the ground that the
international rules OF naval warfare.
as laid down and agreed 10 by the
maritime powers from time TO time,
had been violated
The German declaration Is construed
here as a blockade. As such II is held
to be in violation of the Declaration
OF Paris Of 1856, the most important
set of rules agreed to by the nations
Of Europe upon the subject Of bel
ligerent and neutral rights. There are
also certain provisions in Article XIII
of the Hague Convention of 1907 with
which it is declared to be in conflict.
Status of Submarines Underlined.
There are two other aspects of the
question, however, which fall some
what outside Of the realm of interna-
.ional law. One is that the German
government is apparently prepared to
brush aside the recognized rules OF
naval warfare by the creation Of
somewhat novel situation The other
is the lack Of international agreements
concerning the activities OF sub
marines.
In the deliberations OF international
bodies up to the present time ire pos
siblities Of the submarine have not
been taken into consideration, and as
n consequence a blockade by subma-
lines might be held to differ in some
respects from a blockade maintained
by ordinary vessels OF war.
International regulation OF the CON
duet Of naval warfare has not been
developed to the same point as the
regulation OF war on land. Prelimi-
nary consideration was given the SUBJ
ject by the Institute de Droit Inter-
national at its meeting at Oxford. An
other meeting was to have been held
at Munich in September Of last year,
but the war intervened
Blockade Must BE Effective.
The most important regulations.
therefore, which govern the establish
ment Of blockades, in which category
the present declaration OF the German
Admiralty is placed, are in the Deels-
ration of Paris. Article thereof pro-
vides that a blockade to be binding
must be effectively maintained. Ger
many. "a we'll as Great Britain and
France, then subscribed to this doc
trine.
Unless. therefore. Germany can
physically establish blockade OF
the entire British Isles-a manifest
impossiblity the ships Of neutrais
will. according to recognized interna-
tional law. not be compelled 20 assume
the burden Of risk by venturing into
those waters, and the German govern
ment may be held liable for any dam
age inflicted upon them.
Article Of the thirteenth Hague
Convention, Of 1907, provides that
"belligerents are bound to respect the
sovereign rights Of neutral powers
Ey a mere declaration. IL Is asserted
bv American authorities on interna-
tional law, Germany cannot deprive
neutral vessels Of the right 20 navi-
gate the waters in the vicinity OF
Great Britain.
The fixing Of war zone. which is
not unusual. is limited as a rule 10
the actual zone Of fighting. in the case
OF naval engagement. and is intend
ed 10 prevent neutral vessels from
hampering the actual operations OF
elligerent ships.
Effective for Few Days Only.
Such a notice. however. is effective
only for day or two, or so long as the
actual fighting is likely 20 be in prog
ress. No precedent exists, aeeordingt TO
authorities on international law, fer
amplifying a notice OF this character 30
cover a great stretch Of sea for an in
definite period.
Il is admitted that Germany might
have some cause TO dispute the apDli-
cation OF recognized rules Of naval war
fare 20 the nresent situation on the
ground that the submarine is different
IN its operations from the ordinary
warship. II might be held that the
submarine cannot, without losing is
effectiveness. detain and board yes-
sci. and that II has no weapon at its