Contraband -Goods which, although neutral property, may be seized by a belligerent because they are useful for war and are bound for a hostile destination - Subject to condemnation.
Kinds of Contraband Absolute Contraband -Contraband that are necessarily useful for war under all circumstances, like rifles and ammunition. -Subject to seizure so long as they are bound for enemy or enemy-held territory.
Conditional Contraband -Contraband that have both civilian and military purposes like food and clothes. -may be seized only when it can be shown that they are destined for the armed forces or the authorities of the belligerent government.
Free List Contraband -Contraband which include goods useful for war and bound b ound for the belligerents but exempted from the law on contraband for humanitarian reasons, like medicines and medical supplies for the use of the sick and wounded.
Doctrine of Ultimate Consumption -Goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on the way.
Doctrine of Infection
-Innocent goods that are shipped together with contrabands belonging to the same owner shall also be confiscated or shall also be condemned. -Contraband are liable to capture from the time they leave the port in which they are loaded and until they reach their final hostile destination.
Doctrine of Ultimate Destination -Under this doctrine the liability of the contraband to capture is determined not by their ostensible but their real destination. Even if the vessel intends to stop at an intermediate neutral port it will still be considered as in one continuous voyage provided it can be shown that its cargo will ultimately be delivered to a hostile destination.
Doctrine of Continuous Voyage -When goods are reloaded at the intermediate port on the same vessel
Doctrine of Continuous Transport -When the goods are reloaded on another vessel or other form of transportation
Blockade -It is a hostile operation by means of which the vessels and aircraft of one belligerent prevent all other vessels, including those of neutral states, from entering or leaving the ports or coasts of the other belligerent. -The purpose is to shut off the place from international commerce and communication with other states. Pacific Blockade applies only to the vessels of the blockaded state and does not affect the vessels of the other states
Requisites for a valid blockade 1. It must be binding, duly communicated to the neutral states 2. Effective. A blockade must be maintained by adequate force so as to make ingress to or egress from the port dangerous 3. Established by the proper authorities of the belligerent government, generally the head of the state. 4. Limited only to the territory of the enemy and not extended to neutral places or international rivers. 5. Impartially applied to all states alike.
Liability of neutral vessel for violation of blockade -A vessel found guilty of breach of blockaded is liable to condemnation, and so is the cargo unless it is proved that at the time it was shipped the owner neither knew nor could have known the intention to violate the blockade.
-Unneutral service consists of acts, of a more hostile character than carriage of contraband or breach of blockade, which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents.
Declaration of London Liability of Neutral Vessel for Unneutral Service Art. 45. A neutral vessel will be condemned and will, in a general way, receive the same treatment as a neutral vessel liable to condemnation for carriage of contraband: (1) If she is on a voyage especially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy, or with a view to the transmission of intelligence in the interest of the enemy.
(2) If, to the knowledge of either the owner, the charterer, or the master, she is transporting a military detachment of the enemy, or one or more persons who, in the course of the voyage, directly assist the operations of the enemy. In the cases specified under the above heads, goods belonging to the owner of the vessel are likewise liable to condemnation. Art. 46. A neutral vessel will be condemned and, in a general way, receive the same treatment as would be applicable to her if she were an enemy merchant vessel: (1) if she takes a direct part in the hostilities; (2) if she is under the orders or control of an agent placed on board by the enemy Government; (3) if she is in the exclusive employment of the enemy Government; (4) if she is exclusively engaged at the time either in the transport of enemy troops or in the transmission of intelligence in the interest of the enemy. In the cases covered by the present Article, goods belonging to the owner of the vessel are likewise liable to condemnation.
Right of Angary -A belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offenses or defense, neutral property found in its territory, in enemy territory, or on the high seas. Requisites for the exercise of right of angary: 1. That the property is in the territory under the control or jurisdiction of the belligerent . 2. That there is urgent necessity for the taking. 3. Just compensation is paid to the owner.
Termination of Neutrality 1. When the neutral state itself joins the war. The neutral state will be governed by laws of war. 2. Upon the conclusion of peace. All states will again be governed by the laws of peace.
Gaspar P. Asco Jr Right of Existence and Self Defense Questions 1. It is the use of armed force by a State against the sovereignty, territorial integrity, or political independence of another state; a. Self-defense
b. Aggression c. Armed-attack d. Legation 2. One reason for the organization of regional arrangement is to provide;
a. Balance of Power b. New Balance c. New Order d. Power Balance 3. The following are requisites of Right to Self-defense except; a. Armed attack b. Attack must be against a member of the UN
c. There must be a meeting of an armed attack
d. The security council must not have acted yet 4. If an armed attack is not against a UN member, does the right of self-defense still exist?
a. Yes b. No
Gaspar P. Asco Jr Treaties Questions 1. Undertaken directly by the head of states but usually assigns this
task to his authorized representative a. Ratification
b. Negotiation c. Signature d. Change of the instrument of ratification 2. It is the formal act by which a state confirms and accepts the provisions of a treaty concluded by its representative a. Negotiation
b. Ratification c. Signature d. Reservation 3. A treaty is ordinarily signed in accordance with a. Alternator
b. Alternat c. Alteration d. Signature 4. A third state may be allowed to signed into treaty without participating in the negotiation by,
a. Succession b. Third party signatories c. Accession 5. The following are steps in treaty making except, a. diplomatic negotiations b. ratification of the treaty by the constitutional organs of the respective States c. signing of the treaty by the representatives
d. negotiation to a third party state
Gaspar P. Asco Jr Neutrality Questions
1. When goods are reloaded at the intermediate port on the same vessel, this is also known as;
a. Doctrine of Continuous Voyage b. Doctrine of Continuous Transport c. Doctrine of Ultimate Destination d. Doctrine of Ultimate Consumption 2. Innocent goods that are shipped together with contrabands
belonging to the same owner shall also be confiscated or shall also be condemned, this is also known as;
a. Doctrine of Infection b. Doctrine of Continuous Transport c. Doctrine of Ultimate Destination d. Doctrine of Ultimate Consumption 3. Goods which, although neutral property, may be seized by a
belligerent because they are useful for war and are bound for a hostile destination. a. Illegal object b. Smuggled object
c. Contraband d. Undocumented Object 4. Neutrality is terminated when:
1. When the neutral state joins the war.
2. Upon conclusion of peace. 3. Upon formation of another state a. 1 only b. 2 only
c. 1 and 2 only d. 3 only
Service which consists of acts, of more hostile character than carriage of contraband, which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents. a. Neutral service b. Extra service
c. Unneutral Service d. Self Service
Report in Public International Law
Submitted by: Gaspar P. Asco Jr Kharen O. Aleta Submitted to: Atty. Romeo Dela Cruz