Evening star., 1918-01-20
PROPOSED
FREEDOM OF SEAS
Sir Frederick Pollock Dis
cusses President Wilson's
Plan Given in Address.
VIEWS OF BRITISH EXPERT
Cable Dispatch to The Sunday Star and
the New York World.
Copyright, 1881

Cable Dispatch to The Sunday Star and
the New York World.
Copyright, 1881
LONDON, January 16.-The Rt. Hon.
Sir Frederick Pollock, bart, one of the
most eminent legal authorities in Eng
land. has written the following inter-
probation of the Presidents declara
ton on the subject of the freedom Of
the seas especially for the Washing
ton Sunday Star and the New York
World. He is professor of jurispru-
dence at both oxford University and
Kings College. London. and the au-
thor of numerous standard legal text
books. He writes:
"The second paragraph of the pro-
gram for worlds peace laid down by
President Wilson's message of January
has naturally given rise to much
discussion 1t is SO concise that it
gives room both for wider and mar
rover constructions. Only the Presi-
dent himself can say with certainty
what points he actually meant to
cover, but one may try to indicate
what his language is capable of cover
ing.
The President uses the words. ABB
solute freedom of navigation upon the
seas, outside territorial waters, alike
ed. AS to peace time, freedom of the
harbor and the light dues of quaran-
tine. customs and the like, are terri
torial affairs. Equal treatment for the
shipping of all friendly nations is. per-
haps implied. The exceptions in time
of war or in a situation par.aking of
warlike nature, such as was created
by the Pacific ocean blockade or re-
prisals. are alone material.
tsD,,1o ~ -
"Mr. Wilson specifies his exception
by saying, except as the seas may be
closed in whole or in part by interna-
tional action for the enforcement OF
International covenants.
What is contemplated. therefore. is
a worldwide maritime rule of COW
enanted law and order. This implies
nothing less than making 1t Impossible
or extremely dangerous for any mari
time power to start war on it's own
responsibility.
Common knowledge tells us that this
is a great matter. The fact that the
President of the United States deliberate
" thinks it can be achieved is itself a
great step in advance. Observe that the
end sought Is no mare definition or re-
form of the rules OF war, as At The
Hague conferences, but the establishments
of new law, to be enforced only under
the common mandate of the nations in the
common interest OF peace.
"Questionings. therefore, as to whether
this or that power would be expected to
give up this or that claim OF belligerent
rights, appear remote from Mr.. Wilson 8
aim and belong to the old world OF strife.
imperfectly tempered by custom and con-
vention, which he seeks to abolish
Would End Mine Laying.
"As to questions about the terms of the
coming new law. they are in wrong form
and premature. Otherwise they are irrel-
evant. Still it is interesting to consider
some of the particular applications.
Clearly. there is one kind of freedom
in sea warfare which must be suppressed
as incompatible with the general order
the freedom of maritime belligerent to
lay mines in the high seas, against which
Great. Britain protested strongly, but in
vain at The Hague conference of 1901.
That suppression, at least. should be well
come to all the entente powers.
Much more will the grosser offenses
of this war stand condemned. There
must be no more forbidding of whole
regions of the sea to merchantmen at
the sole will of a belligerent, no more
sinking without warning even of ships
under the enemy flag.
LESS clear is the intended effect of Mr..
Wilson's principles on the rules of prize.
contraband and blockade, governing the
forms of maritime warfare, hitherto al
lowed as legitimate.
by league of nations-for that, by
whatever name, is assumed in the
Presidents ideaI-and exercised only
for the common veal against peace
breakers, is there any reason for cur
failing its resources?
Commercial Restraint.
1.-The one thing certain is that rules and
usages all hang together. They cannot be
reviewed piecemeal, whether for the arm
ing of a common power or for the mitiga-
tion of warfare between individual states.
In 1907 Great Britain was open to
thoroughgoing revision, and actually pro
posed to abolish contraband but stood
alone among the great maritime powers.
1t seems in any case that the most ef-
fectual execution of international jude-
ment Except in the event of an at
tempted conquest by surprise, which
might require prompt military actiou)
would be commercial restraint, and
the more complete by sea and land and
more merciful in the end.
That. think. is the meaning of clos
ing the seas. The moral effect of Mr.
Wilson'S declaration on any war under
taken in the fashion after the failure of.
Or without the endeavor to. Obtain N.
arbitral settlement. can only be mat
ter OF conjecture. Greater or less. i,
would at best he ma l, ,esb;ft