The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1916-01-19
NEuTRALs HAVE RIGHTS
Lansing Would Take Power From
BeIliaerents.

oSb'SN' S'NS'
Washington, Jan. IL A study of
neutral rights and duties, from the
point of view of neutrals rather than
OF belligerents, is the first task TO be
proposed by Secretary Lansing for
the newly organized American lnsti-
tute of International Law.
In a memorandum, made public to-
day by James B. Scott, president of
the organization, the secretary of
state calls attention to the fact that
prize courts and military and naval
experts have had most to do with for
mulating rules regarding neutrality.
The result has been, he adds, that all
aid has been given the belligerents
and little regard has been shown for
the rights OF neutrals. He suggests
that it is time TO reverse this pro-
cess and deal with the problem from
the point of view of the neutral.
AT the first meeting of the insti-
tute." Mr. Lansing writes, IL had the
honor to direct attention to the i'm
perfect code of rules which define and
govern the relations between belliger-
ents and neutrals. These rules,
which have grown up during the last
125 years and have been in some
cases differently interpreted by
courts of different countries, have
been frequently found inadequate to
meet new conditions of warfare, and
as a result every war has changed,
modified or added to the rules, gener-
ally through the process of judicial
decisions.
The prize courts of belligerents
have thus become the Interpreters OF
belligerent right and neutral obliga-
lions and their interpretations evil
dence an unconscious prejudice arts
ing from over appreciation of the
needs CT the belligerents. Writers
on international law have relied upon
these prize court decisions in dealing
with the subject of neutrality so that
they have laid down rules formulat-
ed indirectly from belligerents
point OF view.
IN addition to these influences af-
fecting code 10 govern the conduct
and treatment of nentrals, Internal
have generally confined the drafting
of rules relating to belligerent and
neutral rights to military and naval
experts who naturally approach the
subject from the belligerent stand
point. Thus judicial decisions, text
writer's and international agreements
have given all the advantage to the
belligerent and have shown little re-
gard for the rights OF neutrals.
ut would appear that it is time to
reverse this process of treatment Of
the subject OF neutrality and TO deal
with it from the point Of view of the
neutra
~ would therefore suggest that a
committee be appointed to study the
3r0llc.a of neutral ships and neutral
duties, seeking to formulate in terms
the principle underlying the rela
tons of belligerency to neutrality |
rather than the express rules govern |
ing the conduct OF nation at war to |
a nation at peace.
Il would further suggest that the |
subject might be adyantageously di- |
vided into two parts. namely the
rights OF neutrals on the high seas |
and the duties Of neutrals dependent |
upon the territorial jurisdiction.
in view Of the past year and half |
OF war the present time seems partic-
ularly oprOrtune to study this ques-
ton aal this institute composed of |
members from neutral nations is es-
pecially fitted to do this from the
proper point of view and with the
definite purpose Of protecting the lib
erty Of neutrals from unjustifiable re-
strictions on the high seas and from
the imposition OF needless burdens
in preserving their neutrality on